What is Child Custody in Los Angeles?
Child custody refers to how much time the child spends with each parent (physical custody) and who makes decisions affecting the child (legal custody). Frequently, parents equally share physical and legal custody, commonly referred to as joint custody or “50-50” custody. However, courts make custody orders to promote the best interests of the child. Children are the state’s number one priority.
How Does Child Custody Relate to Child Support?
The actual amount of time (typically expressed as a percentage or “timeshare”) that a child spends with each parent significantly affects child support. You should be wary if your ex-spouse prevents you from spending time with your child. If there is a dispute regarding child custody, obtaining a court order regarding custody is highly advisable.
Can I Modify a Child Custody Order?
Unlike a spousal support order (which sometimes cannot be modified), a court order to pay child support is always subject to modification. The legal standard for modification of a child support depends on whether the court order is intended to be temporary or permanent. A temporary order, which is typically an order made during the divorce process before judgment, may be modified consistent with the best interest of the child. Modification of a permanent (final judicial custody order) requires the parent seeking modification to show a change of circumstances.
If you would like legal advice regarding whether and how a child custody order may be modified, contact Divorce310 for a free consultation.
Do I Have a Right to Visitation With my Child?
A parent (and even a non-parent) has a right to “reasonable visitation” with the child under Cal. Fam Code § 3100(a) consistent with the best interest of the child. Alteration of a longstanding custodial arrangement requires showing that the modification is in the child’s best interests. Burchard v. Garay (Cal. 1986) 42 Cal.3d 531, 535; IRMO Carney (Cal. 1979) 24 Cal.3d 725, 730. If you are a parent who is denied reasonable visitation with your child, contact Divorce310 for a free consultation.
What if there is a history of domestic violence?
If a court finds any instance of domestic violence during the previous five years, Family Code section 3044(a) creates a rebuttable presumption that sole or primary custody (physical and legal) is not in the best interest of the child. A domestic violence restraining order (DVRO) does not have to be issued in order for the court to make a finding that domestic violence occurred. The court may find domestic violence occurred based on the testimony of the victim and make a credibility determination if conflicting evidence is presented at the hearing.
Divorce310 can file for a DVRO or defend against a request for a DVRO. We will prepare witnesses for the court hearing, investigate any prior criminal conduct by a parent or cohabitant (boyfriend or girlfriend of a parent with whom the parent resides), and effectively represent you in court.
What is Legal Custody?
Legal custody is not related to whom the child lives with. Instead, the parent with legal custody has the legal right to make important life decisions for the child. For example, a parent with legal custody will decide where the child attends school and the type of healthcare they will receive. Sometimes a parent will get tie breaking authority. This means that the parents are required to communicate in good faith regarding decision-making, but one parent has the authority to make the final decision if the parents cannot reach a mutual agreement.
What is Physical Custody?
Physical custody concerns where the child resides. It may be awarded solely to one parent, or it may be shared jointly between parents. Parents with joint custody will often have an agreement (which could be informal or court-ordered) that determines whom the child spends time with and when.
What is Sole Custody?
“Sole physical custody” means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.” Cal. Fam Code §3007. “Sole legal custody” means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” Cal. Fam Code §3006.
Contact a Child Custody Lawyer in California Today
Child custody disputes can be emotionally charged. I specialize in representing parents in child custody matters.
Contact Divorce310 for a free consultation to discuss your child custody situation by using our online form or calling us directly at (310) 420-9495.