Child Custody: Important Factors to Keep in Mind

Going through a divorce is not as easy as many people think – especially if the parting couple has children. The impact of divorce can extend to the kids in various ways. Still, what is clear to the attorneys at our Stockton child custody law firm is that every action taken concerning the children must be carefully considered throughout the divorce process.

Everything from the amount of time spent with each parent to who will be responsible for getting the kids to soccer practice can play a huge role in how the children deal with and process the whole situation. That said, we encourage parents to keep the following factors in mind while navigating child custody issues.

A Brief Look at the Categories of Custody

The categories of legal and physical custody in California can be further broken down into joint and sole custody. Let’s look at legal custody first.

Legal Custody

Joint legal custody generally means that both parents share responsibilities for the children with regard to making important decisions that will affect the kids’ lives, such as those related to their health and well-being and their education. To be clear, this means that both parents can make decisions related to where the children live, the health professionals they see, the summer camps they attend, the vacations they take and where they attend school, among other things. However, many parents still end up in our Stockton child custody law firm and ultimately back in front of a judge because of an inability to reach an agreement on such decisions.

Sole legal custody simply means that one parent has the ultimate authority to make crucial decisions concerning the children’s lives. Depending on the specifics of your situation, a judge may find it better to grant one parent sole custody, so it is important to be prepared to handle such a decision in a way that will be most beneficial to the children.

Physical Custody

Joint physical custody means that the children live with both parents. Sole (i.e., primary) custody means that the kids live with one parent the majority of the time and visit with the other parent based on an established schedule.

Factors to Be Considered During the Child Custody Process in California

Without question, each attorney at our Stockton child custody law firm knows that the custody process in California can be a very trying experience for all parties involved. Accordingly, we encourage parents who are going through it  to keep the following in mind:

• The most important factor to be mindful of throughout the entire situation is the children’s best interest. Every thought and move made during the custody process should always keep this at the forefront.
• Is there a history of drug use or domestic violence in the home? If so, please note that the decisions made with respect to child custody will take into account the findings in any past or current cases that may exist in this regard.
• Are you likely to encourage a regular visitation schedule or is the other parent more likely to do so? Courts will pay close attention to which parent seems more willing to allow the children to maintain a regular visitation schedule with the other parent.
• In cases where the children are older, the kids’ wishes with regard to which parent they want to stay with and where they want to live can be taken into account if the children exhibit a certain maturity level. Still, this is done at the judge’s discretion and it does not mean that the children will automatically get their wish.

Children have a right to enjoy time with both parents in an environment that is safe, caring and loving, and each lawyer at our Stockton child custody law firm knows that when individuals go through a divorce, the kids’ care and other related matters can be left up to a total stranger. That said, we encourage you to seek legal assistance as soon as possible to discuss the specifics of your case.

Speak to an Attorney at Our Stockton Child Custody Law Firm Today

If you are going through a divorce and have concerns about the child custody process, contact our Stockton child custody law firm as soon as possible to discuss your legal rights and options.