Child Custody

Child custody is misunderstood and emotionally charged. We get it. We’re experts. We can help.

Child Custody

There are two types of child custody: legal custody and physical custody. Legal custody is the right to have input into decisions affecting the child. Physical custody is the frequency of the access that each parent has to the child. Understandably, parents are worried and afraid about child custody issues. The reality, however, is that most parents, with the assistance of experienced family law counsel, are able to reach equitable custody agreements.

Child Custody

Child custody is misunderstood and emotionally charged. We get it. We’re experts. We can help.

There are two types of child custody: legal custody and physical custody. Legal custody is the right to have input into decisions affecting the child. Physical custody is the frequency of the access that each parent has to the child. Understandably, parents are worried and afraid about child custody issues. The reality, however, is that most parents, with the assistance of experienced family law counsel, are able to reach equitable custody agreements.

In the overwhelming majority of cases, parents existing the divorce process will have legal custody of the child. This means that they both have the right and the responsibility to make decisions relating to the health, education, and welfare of their children. This is known as the parents having “joint legal custody.”

In some cases, even though the parents technically share joint legal custody of a child, one parent may have special decision-making authority over a specific issue. For example, one parent may make all the child’s education decisions.

Physical custody of a child can be shared (known as “joint physical custody”), or one parent can have primary physical custody, with the other parent having less equal access to the child. Joint physical custody means that each of the parents has significant periods of physical custody; it does not necessarily mean that the parties share the child equally. Joint physical custody is shared to ensure the child has frequent and continuous contact with both parents.

In some cases, even though the parents technically share joint physical custody of the child, there may be possible schedule configurations for doing so. The schedule is in their best interest and relies on factors such as age, development, personality, and family history.

In the event that the parents are at an impasse regarding custody of their children, California law requires that they first attempt to settle their dispute in mediation. Prior to going to Court, county mediators or private custody mediators meet with both parents, usually together and without the children present. The mediator tries to help the parents come to an agreement.

After one to two hours of mediation, if the parents are unsuccessful in mediation, in most counties, the mediator presents a written recommendation to the Court as to which custody schedule they believe is in the child’s best interest. Prior to making their decision, the judge will review the mediator’s recommendation and allow the parties to make arguments in support of or in opposition to those recommendations. In addition, the Court and the parents’ lawyers may question (cross-examine) the mediator regarding the statements made in the mediator’s report.

The “best interest of the child” standard is nebulous and often misunderstood. There is no simple definition. If the parties are unable to reach a decision, the Court decides what’s in the best interest of the child by looking at factors such as:

  • Has one parent been the child’s primary caregiver?
  • Does the child have special needs?
  • Is one parent more reliable than the other?
  • Is the child more bonded with one parent?
  • The age of the child and the impact of separating that child from one parent or the other
  • The distance and travel time between the respective parents’ homes and schools
  • Is one parent’s life more stable?

Why Ford Family Law?

Once the Court makes a final determination, custody orders may be modified only upon showing a substantial change in circumstance. This will place the burden of modifying the custody order on the parent who does not receive physical custody because that parent will have to prove a substantial change in circumstance to change the order. As a result, it is extremely important that you have an expert like those at Ford Family Law to present your most powerful, persuasive case to the Court.

Why Ford Family Law?

Once the Court makes a final determination, custody orders may be modified only upon showing a substantial change in circumstance. This will place the burden of modifying the custody order on the parent who does not receive physical custody because that parent will have to prove a substantial change in circumstance to change the order. As a result, it is extremely important that you have an expert like those at Ford Family Law to present your most powerful, persuasive case to the Court.

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