California couples who have children and are thinking about divorce should be be aware of the laws regarding child custody. Findlaw.com explains that the overriding concern of California courts is the best interests of the child. This means that courts take into consideration such things as the age, physical and emotional health, and school and community ties of each child in determining what is best for him or her. In addition, they look at the history, if any, of family abuse or neglect.
There are two kinds of child custody as stated by the California court system. Legal custody pertains to which parent makes the important decisions regarding the education, health care, and welfare of the child. Such decisions include schooling or child care, sports and other extracurricular activities, religious affiliation and activities, and vacations and other travel. Physical custody refers to which parent the child lives with.
Both legal and physical custody can be sole or joint. As the word implies, divorced couples sharing joint legal custody both have the right to make important decisions regarding their children. Parents sharing joint physical custody each have the opportunity for the children to live with them. Such time need not be exactly half-and-half. Children generally spend more time with one parent, called the primary custodial parent, because of practical considerations. Sometimes, depending on a variety of circumstances, a judge will grant joint legal custody, but sole physical custody. Both parents thus have a say in important decisions about the children, but they live with one parent only, although the noncustodial parent has visitation in most such situations.
If a substantial change occurs in the personal circumstances of a parent or in the needs of the child after the initial custody order has been issued, either parent can request the court to modify it. The court will once again consider the best interests of the child before making any modifications.
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