Types of Joint Child Custody
Child custody in California falls under two categories: Legal and Physical. The court's decision on one type doesn't always convey to the other. For instance, a parent may have sole physical, but joint legal custody of a child. Although the courts consider all child custody responsibilities to be a 50-50 split initially, they don't necessarily end up equally divided in either type.
Legal custody refers to the right to make choices regarding the child's education, health and well-being. These decisions could include:
- What school the child attends
- Choice of religion
- Medical and dental care
Physical custody describes the amount of time the child spends with each parent. Along with daily living arrangements, physical custody agreements can also address where the child will spend holidays or if they can accompany a parent on a vacation.
Some parents are now agreeing to a specific type of physical custody called Bird's Nest custody. In this variation, the child stays put and the parents alternate residing in the family home.
Our Palmdale divorce lawyer is certified in family law!
At the Law Offices of John. C. Bigler, our certified family law specialist can provide you with legal advice and guidance on how to set up a joint custody plan. We understand your family's needs are your utmost concern!
Contact us today to begin your case evaluation!
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Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.