Fighting for Full vs. Joint Custody in California
Navigating separation, divorce, and custody issues is stressful, even in the most agreeable circumstances. However, when parents are not on the same page regarding what they want for their children or how they care for them, it can worsen significantly, especially if you are unsure of whether to fight for full or joint custody.
California Custody Laws
You may request whatever custody agreement you feel is appropriate. California courts must make recommendations that align with the child’s well-being.
California Family Code Section 3020 requires judges to keep the child’s health, safety, and welfare as their primary focus in family law cases. This includes ensuring the children maintain frequent and ongoing contact with both parents when it is safe to do so.
Some of the factors for the child’s best interest include:
- The child’s age, capacity, or preference
- Each parent’s ability to provide a stable and loving home
- A history of abuse or neglect
- Existing relationships
Joint custody is often the preference for California courts, pending safety or other significant concerns. One such significant concern is the likelihood of one parent facilitating an appropriate and healthy relationship with the other. If the court has concerns that one parent may speak ill of the other or sabotage the relationship between the other parent or child, this may pose risks to an equitable joint custody agreement.
The Benefits of Full vs. Joint Custody in California
Determining whether you should fight for full or joint custody in California is a decision you must weigh against what is best for your child. An important consideration in your decision is whether you want sole physical or legal custody of your child.
When one parent has ‘sole custody,’ this may mean physical custody where the child primarily resides with that parent and/or legal custody where one parent has all the decision-making power regarding the child. However, for joint physical custody, the child is considered to be living with both parents, and for joint legal custody, both parents have the right to make medical, educational, or religious decisions for the child.
Joint Custody
Research shows that, on average, children have better long-term outcomes when parents can peacefully share custody. Joint custody schedules often allow the child to see each parent consistently.
If the parents live close together, a common visitation agreement is one where the child visits the other parent one evening a week and every other weekend. While this is the best situation for families that can engage peacefully, it is not true for every dynamic.
Full Custody
Full custody can often be easier for the custodial parent because they may have the right to decide for the child without consulting the other parent.
A parent with full custody may also have full discretion over visits with the other parent, which can be particularly beneficial to the child if the other parent struggles with extreme mental health or substance use problems or has a history of committing domestic violence.
Full custody is often heavily beneficial for the child only when ongoing interactions and relationships may be detrimental to the child’s emotional, physical, or mental health.
Custody Does Not Have to Be a Battle
Divorces and custody battles can be challenging to see with an objective eye. If you are trying to determine whether it is in your child’s best interest to pursue full or joint custody, contact an experienced child custody lawyer. A lawyer will discuss the details of your case and help you determine your options.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586