Understanding Child Custody: A Comprehensive Guide for Parents
June 28, 2024A divorcing couple also has the added stress of navigating child custody issues. Even though you and your spouse are going your separate ways, your child still means the world to you. Determining your child’s living arrangements can be overwhelming, causing you to worry further about their mental health and general well-being.
In this article, our Santa Barbara child custody attorneys are here to discuss the significance of having a parenting plan, along with specific factors that California courts consider in determining custody arrangements.
Types of Child Custody
There are two types of child custody:
- Physical custody: Physical custody determines which parent the child will primarily live with.
- Legal custody: Legal custody describes which parent will make important decisions for the child. These important decisions may be in relation to school activities, childcare, religion, medical care, and mental health counseling.
A court may award a parent sole custody or both parents may have joint custody. This can apply to both physical and legal custody. In some situations, one parent may be awarded sole physical custody while the other parent may be given visitation rights. However, the court does prefer to award joint custody if at all possible.
What is a Parenting Plan?
A married couple in the process of getting a divorce is advised to develop a parenting plan. A parenting plan should address how to take care of your child or children, the primary residence of your child or children, and a visitation schedule. Although this is not an easy time, it is important that you and your spouse sit down to decide what arrangements will be best for your family.
Keep in mind that both parents have equal rights until a court order is in place. Both parents can develop a parenting plan, but in some cases, when parents cannot agree, the court will need to intervene.
Best Interest of the Child
In accordance with California Family Code §3011, the court will look at the following factors in determining the best interest of the child:
- The health, safety, and welfare of the child
- If either parent has a history of abusing the child or anyone else
- The nature of the child’s relationship with each parent
- If either parent uses controlled substances, is a chronic alcohol user, or has a history of abusing prescription medications
How Can a Santa Barbara Child Custody Lawyer Help Me?
A child custody lawyer understands the law and will be able to explain the different custody arrangements. Our Santa Barbara child custody lawyers understand that a child custody case can be emotionally draining. Our legal team knows that you want to do what is best for your family, but that is not always easy when roadblocks are placed in front of you.
We take the time to get to know your family situation to determine which arrangements will be best for your child. If you feel that having your child reside with you is in the best interest of your child, then we will do everything in our power to ensure that happens.
Speak with Our Santa Barbara Child Custody Lawyer at Your Earliest Convenience
A custody battle can rattle your sense of security, leaving you uncertain about what lies ahead. At Bamieh & De Smeth, our Santa Barbara child custody lawyers are here to help you obtain the arrangements that work best for your child. If you are interested in learning more, contact us online or by phone today. We offer free case evaluations.