If you and your partner have a child and are parting ways, understanding the different types of child custody in California is important. Sometimes, the matter is very straightforward. You may be able to agree on child custody and visitation rights without needing any intervention. To make your decision legal, you can get a court order reflecting it.
If you cannot agree, you can attempt to negotiate an acceptable solution through mediation. If all else fails, a judge will decide the matter, keeping the best interests of the child in mind as captured in Fam. Code § 3020. Children over the age of 14 can express their preferred arrangement, and if there is no indication that their choice is problematic, the court will likely respect their choice.
Whether it is mutually agreed, mediated, or ordered, there are different types of child custody in California. They indicate where the child will live and who will make certain important decisions on the child’s behalf.
Legal Custody
Parents make important decisions for their children. They include where they will go to school, whether they participate in religious activities, where they will go for medical care, and whether they can participate in certain activities or travel.
In sole legal custody arrangements, only one parent is responsible for making these decisions. In joint legal custody, both parents must agree on important matters affecting their child. This can be a cumbersome arrangement when decisions must be made quickly.
Physical Custody
Physical custody refers to a decision on where the child will live. In theory, shared physical custody could mean a child spends half their time in one parent’s home and half in the other parent’s. However, this can be disruptive for the child, and both parents’ schedules may not allow for it.
In deciding on physical custody arrangements, parents, or failing that, a court must consider what will work best for the child. If you are working on physical custody arrangements together, consider your own and your child’s schedules, as well as what will be practical for everyone, while prioritizing your child’s needs.
Sole Custody
This arrangement means that only one parent has legal custody. They can make decisions, and the child resides with them most of the time. The other parent has visitation rights so that the child is not deprived of an important family relationship.
Visitation rights are categorized as:
- Scheduled visitations: These are planned so that both parents are aware of when the child will spend time with each parent.
- Reasonable visitation: When both parents are able to arrange visits amicably, reasonable visitation is often applied. There is no fixed schedule, and parents can decide on visitation according to their mutual preferences.
- Supervised visitations: If the safety of the children is unknown or one of the parents has had limited contact with a child, supervised visitations may be required. The other parent, a family member, or an agency must be present when the child spends time with the non-custodial parent.
- No visitation rights: If one parent is deemed a risk to the child’s physical or psychological safety, a court may rule that they have no visitation rights and should not have any contact with the child.
To a parent, relinquishing sole custody to your former partner may sound intimidating, as if you are losing all your parental rights. As you can see from the above, it is not an extraordinary arrangement. You can still have a close relationship with your child.
Joint Custody
You should not consider joint custody if you are in a high-conflict divorce situation. However, divorces sometimes occur because people are not right for each other, and the relationship between the parents remains good. They are still on a friendly footing and wish to share parenting responsibilities.
If they live near each other, they can easily share responsibilities, like driving the child to and from activities, taking them to medical appointments, and so on. The California Courts website, Families Change, has produced a simple template you can use to think this through.
What Form of Child Custody Do Most Parents in California Choose?
Arrangements vary because every family is different. However, California Courts report that one parent usually has physical custody most of the time and is considered the primary or sole custodial parent. The other parent has visitation rights, and the child visits them at certain times.
This arrangement limits conflict, disruption, and confusion, providing the child with a stable home life while allowing both parents to maintain their relationships with the child.
Custody Arrangements Require Careful Thought
When considering different types of custody, your child’s welfare is of paramount importance. This includes limiting opportunities for conflict between you and your ex-partner if it seems likely at some point. Reaching a child custody agreement that minimizes disruption, clarifies expectations, and enables your child to maintain healthy family relationships is almost always the best solution.
If you have concerns and need advice, a family lawyer can explain your options in greater detail. Since this is a long-term decision, be sure to discuss anything that is bothering you. Child custody decisions usually remain in place until your child reaches adulthood. While custody rulings can be modified, it will only be done if you can prove it is best for your child. The best option is to make good child custody decisions from the outset.