Desert Cities Custody and Visitation Attorney
Child Custody in California
Physical custody has to do with the time that a child is under the supervision and control of a parent, and extends to activities outside the home such as school, daycare, or activities. The term expresses who's "watch" it is.
"Sole physical custody" means that a child is residing with only one of the two parents, and so is under their exclusive control. The other parent then receives "visitation."
"Joint physical custody" means that each of the parents has significant periods of physical custodial time, although this is not necessarily equal calendar time.
"Legal custody" describes who has the right and responsibility to make decisions affecting the health, education, and welfare of a child. It may be joint or sole to one parent. Except where the Court specifies that parents must make joint decisions, either parent acting alone may exercise legal control of the child during their custodial time.
Parents may reach an agreement about child custody and
visitation outside the adversarial court process, but often one or both is unwilling to compromise or take responsibility for issues or behaviors that place children at risk. Each party may fail to consider what it feels like to be a child stuck in the middle, with zero power to ensure a continuing relationship with both parents. We urge you to be sensible.
California Family Code section 3010 provides that both parents "are equally entitled to the custody of the child."
Family Code section 3020 expresses California public policy that to (a) "assure the health, safety, and welfare of children" and (b) to "assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interests of the child,..."
"Best interests" trumps the rights of parenthood.
Family Code section 3011 lists some best interest factors that courts are required to consider, but best interests depend on the circumstances of each family's situation and is a subjective concept for the court - meaning different judges weigh factors differently depending upon how the issues are presented.
When parents cannot agree as in cases of high conflict relationship break ups, the court will make a custody decision based upon the evidence of what is in the child's best interest. A history of domestic violence or habitual
substance or alcohol abuse can create presumptions under the law against one party of the other that may affect whether the custody awarded is joint or sole.
Situations arise where a parent wants to relocate or move away with children. This can drastically affect the non-moving parent's timeshare, and increase expenses related to visitation with children. Please visit this link for more information.
There two sides to every parental break up. Managing clients and the emotional distress they reasonably suffer is a tall order. Overcoming hostile or suspicious litigants requires sensitivity. Presenting the
best interests of children to the court in a compelling fashion takes skill.
When custody and visitation cases must be litigated, Thurman Arnold manages his cases and clients in a mature and discriminating fashion. This informs judicial outcomes and opens the door to allowing people to make decisions based not on emotional reactivity, but instead upon all relevant considerations.
Palm Springs divorce lawyer
Thurman W. Arnold has almost three decades of experience in family law, representing clients throughout the Coachella Valley in all manner of sensitive matters including custody, visitation, and divorce.
Riverside County Child Custody Attorney
Contact Palm Springs child custody lawyer
Thurman W. Arnold
to learn more about our firm and how we can help you.