In California, there are two components to custody: legal custody and physical custody. Physical custody is the type of custody order that says who is going to have the child and at what time. Most of the time, the courts grant Joint. Physical Custody with primary either to mom or dad. Sometimes, though, sole physical custody will be granted to one party and visitation may or may not be granted to the other. There are many kinds of physical custody arrangements. For instance, in a 50/50 split, each parent may have the children on alternating weekends. An 80/20 split is more common with one parent having primary custody and the other parent seeing the kids one evening a week and having the kids every other weekend.

Legal custody is the ability to make decisions for the child. This includes everything from choosing the school they attend to the authority to cut their hair. Again, in most cases, joint legal custody is granted and both parents have the ability to make decisions. This means that if they disagree on issues like what religion the child will be raised in, they must go to court to settle it. In a limited number of cases, the Judge will decide that one party should have sole legal custody. Usually in these cases, there has been so much disharmony between the parents that it is in the children’s best interest to have just one parent making decisions for the children. In other cases, one parent has made bizarre decisions and the best route is for the other parent to have all the decision making power.

The next type of custody order involves visitation. Unsupervised visitation is the standard route and generally includes overnight visits if appropriate. In the vast majority of cases, unsupervised visitation is ordered. There has to be a specific reason for the courts to order anything other than unsupervised visitation. In cases where there are allegations or proof of abuse (sexual, physical, or emotional), supervised visitation may be ordered. Supervised visitation requires that a monitor be present during the entire visit. Sometimes a relative or friend of the non-custodial parent qualifies as a monitor.

Then there are cases where no visitation is allowed because the court determines that any contact with the party would be harmful to the child. The court assumes that a generous amount of time spent with both parents will minimize the impact of the effects of divorce on children. The various types of deviation from the general assumption allows for custody orders to take into account that this assumption is not always correct. Child custody and visitation decisions are never easy for a Judge to make. But, when a family is being torn apart, the court has to make the decisions it feels are in the best interests of the children.

Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent is able to make decisions for the child and it is the parent’s duty to care for the child. There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind.

There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights.

In cases of joint custody both of the child’s parents will be granted equal rights when it comes to the decision making regarding a child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child’s interest. The courts will only make their decision of custody based on what is best for the child.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.