How Are Child Custody Agreements Determined in California?
If you are about to begin the child custody process or are well into your custody agreement arrangements, it is helpful to understand what terms are reviewed and used in determining the legal agreement.
Best Interests of the Child Standard
In California family law, the “best interests of the child” standard is a legal principle that serves as a guiding framework in determining the details of custody arrangements and related matters. The primary focus in family law is ensuring that all decisions made by the court for the parents align with what is the most advantageous for the development and well-being of the child. Courts will determine this by reviewing the following:
- The child’s age, health, and overall safety.
- The child’s emotional bond with each parent.
- The ability of each parent to provide a stable and loving environment.
- A history of domestic violence, substance abuse, or other related factors that can impact the child’s well-being negatively will be reviewed.
- Depending on the age of the child, the court may take into consideration the child’s preferences in arrangements made.
Other Factors That Impact Custody Arrangements
It is important to understand that the interpretation and application of the best interests standard can vary across jurisdictions, and family courts have discretion in making these determinations. Parents who are involved in child custody disputes should consult a family law legal professional to understand how the standard applies in their situation, as well as other determining factors.
As previously established, the court will continuously take the perspective and lens of what will be the most suitable for the child. In alignment with this, they will be reviewing the mental, physical, emotional, and financial stability of each parent, as this will have a direct impact on the child.
Courts can require an evaluation of the emotional and psychological state of parents, and if there are concerns stemming from these evaluations, the court may determine that shared or sole custody of a child is not in alignment with their primary goal of protecting the child.
The ability and willingness of both parents to engage in a positive co-parenting relationship are crucial in cases of shared responsibility over the child, which in many cases is ideal as the court hopes to keep the engagement and participation of both parents in child care matters. California law generally favors joint legal and physical custody, which allows both parents to share the rights and responsibilities related to the child.
Joint legal and physical custody does not necessarily refer to equal time split between both parents but is more about joint decision-making. Once the type of custody is determined, a parenting plan will be put into place outlining the roles and responsibilities of each parent as well as the specific logistical requirements.
The specific visitation and custody arrangements include assessing each parent’s ability to produce a stable and loving environment, the proximity of each parent’s residence, and the willingness of parents to support the child’s relationship with the other parent.
FAQs
Q: What Is a Parenting Plan?
A: A parenting plan is a legal document that outlines how parents will make decisions and share responsibilities regarding their child’s upbringing. This agreement often includes a schedule for holidays and visitations. The goal of a parenting plan is to act as a roadmap for each parent of how they will interact and care for their child while splitting care with each other.
Q: What Types of Custody Arrangements Are There?
A: Custody arrangement options include legal and physical custody, although in many cases, these arrangements are not mutually exclusive. Physical custody determines who the child lives with, and legal custody states where the decision-making power rests over the child. These responsibilities can be divided between parents in joint or split custody or primarily in the care of one parent with sole custody of the child.
Q: Can Custody Agreements be Modified?
A: Yes, custody agreements can be modified if there are significant changes in circumstances. These circumstantial changes can include the parent’s living situation, job, income, health, or the child’s needs. These modifications can occur through a mutual agreement between the parents, which then gets submitted for court approval, or by one parent filing a petition with the court to request adjustments.
Q: How Does Joint Custody Work?
A: Joint custody allows both parents the responsibility of decision-making power over their child. This custody arrangement requires frequent communication and cooperation between the parents to reach mutually agreed-upon decisions regarding the major issues in the child’s life. Joint custody may seem like an ideal solution for sharing care over a child but is at times not granted by the court, depending on the dynamic between the two parents.
Q: How Can I Enforce a Custody Agreement?
A: Custody agreements are legally binding, and any violations should be addressed through legal means. A parent can return to court to seek enforcement of custody terms if a parent is not complying. In an extreme case, law enforcement may become involved, but this is a last resort as the court will generally seek less adversarial methods of enforcement first. If you believe a violation of the agreement has occurred, you are advised to speak with an experienced family law attorney.
Contact Bickford Blado & Botros For Your Child Custody Matters
If you are navigating the process of child custody, whether this includes the creation of a parenting plan, enforcing custody agreements, adjusting custody terms, or anything related, contact the family law attorneys at Bickford Blado & Botros. For years, we have successfully assisted families in California in a wide spectrum of child custody matters while keeping their child’s well-being our primary concern.
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