At Sarieh Law Offices, we understand the stakes of child custody disputes. There is nothing more important than your children, which is why we are dedicated to helping our clients advocate for their children’s best interests and keep their families as secure and stable as possible.

Our child custody lawyers in Irvine, CA, will fight relentlessly to protect your rights as you seek custody of your children.

Understanding Child Custody Laws in California

California recognizes two types of child custody – legal and physical. Legal custody involves the right to make major decisions about the child’s life, including medical and education decisions. Some examples of issues that legal custody would give a parent authority over are as follows:

• Which school to attend

• Getting vaccinated

• Choosing a pediatrician

• Whether to get certain medical procedures

• Extracurricular activities and sports

• Religious beliefs and instruction

• Travel plans

Physical custody refers to the parent that the child lives with the majority of the time. A parent who does not have primary physical custody will often have parenting time, sometimes referred to as visitation.

Both types of custody can be classified as joint or sole. Parents who have joint legal custody must agree on major decisions regarding their child’s well-being and upbringing. Sole legal custody means that one parent has decision-making authority and does not need to consult or get permission from the other parent before making important decisions.

Sole physical custody is when the child stays with one parent the majority of the time. Joint physical custody means the child spends a significant amount of time with both parents, but it does not necessarily mean the time is divided equally. Some popular schedules for joint custody are:

Week-on-Week-Off

This schedule, also referred to as an alternating week schedule, is when one parent has the child for an entire week, and the other parent has the child for the week after. The schedule repeats in this way each week with the exception of separately scheduled holidays or special occasions.

3-4-4-3 Schedule

In this type of schedule, the child stays with Parent A for three days, Parent B for the next four days, Parent A for the next four days, and Parent B for the three days after that.

Even though these work well for many parents in California, custody and visitation schedules are unique to each family. Figuring out a schedule that works for each parent and benefits the child is important, and courts will do their best to arrange a reasonable custody and visitation arrangement.

Parenting time orders in California can be arranged in four ways – scheduled, reasonable, supervised, or no visitation.

Scheduled parenting time is when a set schedule with specific dates and times that the child spends with each of their parents. Holidays, vacations, summer schedules, and special occasions are often included, as well.

Reasonable visitation is an open arrangement that allows flexible scheduling between the parents. If both parents are able to engage in healthy, open communication and remain cooperative with each other, an open schedule with reasonable visitation may be a good option.

Supervised visitation occurs when there are concerns about a child’s safety around one parent. Visitation time is scheduled with the parent, but it must be supervised by a professional agency or another adult. This option can also be used if the child and parent have not seen each other for an extended period of time.

Visitation is not always awarded to parents. In situations where one parent’s presence around the child would be harmful, either emotionally or physically, visitation would not be granted.

It is important to note that until a court order regarding legal and physical custody is entered, both parents have equal rights to decision-making and time with the child. Get the legal process started as soon as possible if you expect custody disputes to become contentious.

If filing quickly is crucial to your case, what is the impact of filing first for custody in California? The parent who files first does not receive preferential treatment or favorable custody arrangements. Judges only consider the best interests of the children and do not give any weight to the filing order of the parents.

Factors Considered by Judges in California Custody Cases

Courts in California use the best interest factors to decide custody and visitation arrangements. Among the numerous elements of the case that a judge uses to decide custody is each parent’s willingness and ability to allow contact between the child and the other parent. The child’s wishes may also be considered if the child is old enough and can form an intelligent preference. Factors used by judges when deciding custody include:

• The contact with each parent and the nature of the contact

• History of abuse

• Use of illegal or controlled substances

• Any other factor that impacts the child’s safety, health, or welfare

Judges often consider stability as a guiding factor, as well. For example, suppose a child’s parents are divorcing, and one parent is staying in the marital home while the other is moving to a different part of town. It would be less of a disruption if the child primarily stayed with the parent in the marital home, as this is the home the child is used to and comfortable with.

While this example is not always the way child custody is awarded, it is one of many factors a judge looks at in custody cases. Because divorce is often traumatic and confusing for children, providing as much security and normalcy as possible can help them cope.

A child custody lawyer is your best resource for guidance on your specific situation. No two cases are the same, so discussing your case with a family attorney will provide you with individualized information about what to expect from the process. California custody and visitation laws are complex.

Speaking with an experienced custody lawyer is crucial so you can understand your rights and options. Contact Sarieh Law Offices today to schedule a free case evaluation.