Protect Your Children’s Best Interests And Your Parental Rights
When parents divorce or separate, it is the goal of California family law courts for children to have “frequent and continuing contact with both parents.” The state also encourages the maintenance of “established patterns of care and emotional bonds” and acknowledgement of a child’s “need for continuity and stability.”
At Butler Law, PC, we are committed to helping you navigate this challenging aspect of family law. The strength of your parent-child relationship will invariably be affected by the outcome of your child custody matter. You need skilled representation through negotiations, mediation or trial.
Types Of Child Custody And Parenting Time
Arrangements concerning where children live and who makes decisions for them after a separation or divorce fall under one or more of the following types of custody:
- Physical custody: who the children live with
- Joint physical custody, with the child(ren) being alternately in the care of both parents
- Sole physical custody, with the child(ren) living only with one parent
- Split physical custody, with one parent having custody of one or more kids and the other parent having custody of the remaining child(ren)
- Legal custody: who makes decisions for them regarding education, health care and more
- Joint legal custody, with both parents sharing the rights to make important decisions for their children
- Sole legal custody, with just one parent authorized to make key decisions in children’s lives
A physical custody arrangement normally includes provisions for parenting time (also called “visitation”) for the parent who does not have custody most of the time. While child support obligations are not strictly tied to custody and parenting time, the amount of child support that one parent will pay the other is usually affected by the amount of time the child(ren) spend with each parent.
Child custody and visitation are among the most delicate and contentious areas of family law in California and elsewhere. With an experienced, caring family law attorney to advise you, you will have reassurance that your priorities will help map out the road to resolution.
Frequently Asked Questions
Does the mother automatically get custody of the children?
Sometimes. It depends on when a party is trying to establish custody and the circumstances surrounding the child’s birth. If both parents are married when the child is born, both parents have equal rights to the child. If both parents are unwed when the child is born, the mother automatically gains custody of the child. The father must prove legal paternity, then he may request orders to modify rights to the child. Child custody orders are often very complex and fact-dependent.
My ex has threatened to take full custody of our children. Can she do this?
Unless there is a court order that specifies this, threats are just threats. Oftentimes during a heated divorce or custody battle, parents will use scare tactics to get the other parent to believe they have a certain legal right to the child, in order to get the other parent to back down and not assert their rights in court. But until there is a court order or enforceable agreement, threats are just threats. Don’t let them deter you from exercising your rights as a parent.
Contact Our Family Law Firm To Discuss How We Can Solve Your Custody Issues
Call 619-514-3365 or send an email inquiry for a prompt response to schedule a consultation to discuss your custody or visitation concerns, including modification of custody orders.