When the parents of a minor child get divorced in San Diego, a custody agreement must be made. This agreement must be created or signed by a judge and protect the best interests of the child. Two types of custody exist in California: legal and physical custody. Understanding the differences between these custody types can help you develop a parenting time plan that works for your family.
What Is Legal Custody?
Legal custody refers to the parental right to make important decisions for the child. It gives a parent the legal authority to decide on key matters such as the child’s school and education, religion, and medical and dental treatment.
In most child custody cases in San Diego, a judge will give legal custody to both parents after a divorce. There are exceptions, however, if one parent is deemed unfit for this responsibility, such as in a case involving evidence of child abuse or neglect, substance abuse, mental health issues, or child abandonment.
What Is Physical Custody?
Physical custody refers to the parental right to have a child physically within the parent’s home. It is where the child physically lives or stays overnight. A parent with physical custody is responsible for taking care of the physical and emotional well-being and safety of the child while the child is in the parent’s care. This involves providing the child with food, shelter and clothing.
Joint vs. Sole Custody
There are two child custody arrangements in San Diego: joint and sole custody. Joint custody means that both parents continue to share parental and custodial rights of the child after a divorce or legal separation. They will each divide time spent with the child (parenting time) and will typically share legal custody, as well.
Sole custody means that one parent has been granted custodial rights while the other parent has not. Sole custody arrangements are less common in San Diego, as the courts generally believe that a child does better remaining in contact with both parents after a divorce. However, sole custody may be ordered if the courts believe that sharing time with the noncustodial parent could risk the child’s well-being. Visitation may or may not be part of a sole custody arrangement.
How Is Custody Determined in San Diego?
When determining the right custody arrangement in a divorce case, the San Diego courts focus on one main factor: protecting the child’s best interests. This refers to what best supports the child’s physical, emotional and financial needs. The living arrangement chosen by a judge will protect the child’s interests first.
Under California’s custody laws, it is agreed that continued and meaningful contact with both parents is generally what is best for a child after a divorce. Therefore, the most common type of arrangement is joint legal and physical custody. However, there are exceptions in situations where joint custody could threaten the child’s welfare.
Can Child Custody Be Altered?
If a court order or parenting time agreement outlining the legal and physical custody of a child has already been signed by a judge, it must be adhered to by both parties. Violating a custody agreement can have serious criminal and civil consequences. If one parent wishes to modify a custody agreement, he or she must get the other parent’s permission to make the change or a court order granting the modification request.
At Boyd Law of San Diego, we can help you seek your preferred arrangement for physical and legal custody of your child during a divorce or legal separation case. If you already share custody and have a disagreement or need to request a modification, we can help you with these legal issues. Contact us for a case evaluation.
