Child Custody
Child Custody refers to both physical custody and legal custody of any minor children. The first concerns the domicile of a child and as such will affect a variety of related issues such as education and the like. The second concerns who will make decisions on a wider variety of issues affecting dependent children.
Child Custody Agreements
Child custody agreements should include details about any minor child's domicile, education, health and welfare. Visition privileges of the non-custodial parent shoud also be clearly addressed in the agreement. What form of custody the parents will must be included:
Sole Custody
- Exclusive Custody - provides for legal and physical control of the child to one parent with secondary visitation to the non-custodial parent.
- Sole Physical Custody - provides that the child resides with and is supervised by one parent, subject to visitation rights of the non-custodial parent, but that parent does not have exclusive decision making authority.
- Sole Legal Custody - provides the exclusive right and responsibility to make decisions relating to the child's health, education and welfare, unless does not include exclusive physical custody.
Joint Custody
- Pure Joint Custody - provides that both parents have shared legal and physical control and supervision of the child.
- Joint Legal Custody - provides that both parents share the right and responsibility to make decisions regarding the child's health, education and welfare.
- Joint Physical Custody - provides that physical custody be shared in such that the child has frequent and continuing contact with both parents. It does not, however, mean the child's time must be equally divided with each parent.
- Divided Custody - or "split custody" generally provides that each parent have specific custodial time with the other having specific visitation. Split custody may also provide that where there are several dependant children that each parent have physical custody of some child at all times with visitation to the other parent.
When reviewing any agreement between the parents regarding custody the court will be looking to see that the best interests of any children have been addressed; the health and welfare of dependent children is their primary consideration. It is expected that the parents will develop a plan for their custody and care. If the parents cannot reach agreement the court may instruct the parents engage in mediation to come to a compromise it finds acceptable. If no agreement can be reached after mediation the court will issue a child custody order.
After a judge issues a custody and visitation order or approves a parenting plan, subsequent changes require the agreement of both parties. Without agreement a party must file a motion seeking the changes they wish to pursue. Disputes on these issues or those pertaining to the suitability of one or other spouse can become extremely complicated and emotionally draining. Make sure you understand what's at stake and protect your future today, contact Elizabeth F. Courtney.
Elizabeth F. Courtney
909.946.7270
489-A N. Central
Upland CA 91786
Los Angeles Superior Court - Pomona Courthouse South
San Bernardino County Superior Court - Rancho Cucamonga Courthouse
