It’s always painful to go through divorce because spouses need to divide not only their assets but they also have to fight each other for the custody of children below the legal age. The court determines guardianship and living arrangements for the kid, depending on what it thinks is the best for the child.
When it comes to child custody, there are different reasons and factors that need to be considered, depending on the state. If you live in Los Angeles for example, you need to know who gets custody of a child in California. Though this is a matter that’s left to the courts, you can assert your rights better if you’re also knowledgeable in this aspect.
The difference between legal and physical custody
Custody refers to taking charge of the children. In legal terms, however, two types of custody can be granted to the parents. Still, parents may agree to share responsibilities for both custody or allow the courts to decide on their behalf and for the child's welfare.
Physical custody
It refers to the court’s decision to let the children live with you after the divorce proceeding. Usually, one parent is granted custody over the child, depending on who the judge thinks is more worthy and capable of providing for the kids’ needs. In this case, the other parent is often limited to visiting rights agreed upon by the legal custodian and the court.
Still, there are also cases where both parents are granted physical custody of the child. The capacity and schedule may vary, but this is the preferred method for courts. No parent is deprived of the opportunities to be with the child, and the developing kid gets to maintain the relationship with both.
According to Stange Law Firm, there are advantages and disadvantages to this kind of setup. Most of the time, it depends on the nature of the divorce. Low-conflict partnerships that end amicably, maintaining joint custody is beneficial and healthy for a child. For troubled or high-conflict cases, it could develop hostility toward one parent and trap children in an emotionally conflicting environment.
Legal custody
Legal custody focuses more on the decision-making involved regarding the care and upbringing of a child. This means that the parent granted legal custody is entitled to decide religious direction, healthcare, education, and welfare. In California, the most common arrangement is to give parents joint legal custody.
However, it is essential to note that while joint legal custody is commonly granted to both parents, it doesn’t necessarily mean that they will perform their expected duties. Mostly, joint custody is easily granted unless one of the following conditions are found by the courts:
-
Parents are highly volatile together, being unable to make decisions together
-
One of the parents is deemed unfit to raise the child or make pertinent decisions
-
One of the parents is incapable of making decisions
-
The best course of action is to have one parent retain sole legal custody
Deciding who gets custody of a child
As much as possible, the court of law awards custody of a child to at least one of the parents. This is founded on the presumption that having both parents around is in the child's best interests.
However, there are a lot of factors that have to be considered before courts of law arrive at a decision, including the following:
-
Age of the child
-
Health condition and medical history of the child
-
Emotional relationship with each of the parent
-
The capability of each parent to provide care
-
Factors surrounding home, school, and community
-
History of violence, assault, or substance abuse
Additionally, it’s essential to recognize that custody cannot be denied to a parent based on sexual orientation, religion, or lifestyle choices. More importantly, the court cannot deny custody to a parent because of physical disability.
Child custody
Since child custody history differs per state, you might be curious whether child custody talks are in your favor or against you. Generally, the law does not show preference to any parent, with decisions based on identifying the child's best interests.
Under most Family Codes, which vary per state, courts will have to consider the child’s opinions and preferences when they’re usually 14 years old. Additionally, the courts consider if the child in question can provide a mature opinion about custody and visitation.
Is it time to hire a family lawyer?
Although divorce and child custody matters are inevitable for some families, it doesn’t have to be protracted and arduous. It is for the family’s overall benefit to seek legal advice. If one parent refuses to amicably discuss custody terms and parenting agreements, hiring a lawyer with relevant experience with family law is essential to protect your interests and pursue what is best for the child. For families in the Midwest, work with a law firm with a highly-experienced legal team focused on Missouri, Illinois, Kansas, Oklahoma, and neighboring areas. Only when you work with the pros can you ensure that you’re in good and able hands.
