Sharing Child Custody
When parents do not live together, the courts enter a custody order determining parental rights. Custody of a child allows a person to make important decisions for the child. It also determines who a child lives with and provides care for them.
California custody laws make the presumption that shared custody is in a child’s best interest. The presumption is rebuttable, however. A parent can challenge shared custody by alleging that a parent is unfit or unable to care for the child. Unless sufficient evidence proves otherwise, the courts generally grant shared custody in California custody cases.
Shared Custody vs. Sole Custody in California
Sharing legal and physical custody allows parents to be more active in their children’s lives. Generally, sharing child custody allows parents and children to spend more time with each other, depending on the situation. Sole custody places all parenting responsibilities with one parent.
Physical custody refers to where the child lives and who has the right to make decisions regarding the child’s daily care. Parents sharing physical custody may have a 50-50 sharing arrangement. However, many children live primarily with one parent, even when the parents have joint custody.
If a parent has sole physical custody, the child lives with them. The non-custodial parent may have regular visitation with the child, but the level of contact depends on the circumstances involved. A judge may order supervised visitation in cases of, for example, child abuse or neglect.
Legal custody refers to the right to make decisions for the child. A parent with legal custody can make important decisions for their child, including issues related to their religious upbringing, healthcare, extra-curricular activities, and education.
When parents share legal custody, the parenting agreement defines how decisions are made regarding the child. If a parent has sole legal custody, they do not need to consult the other parent when making important decisions for the child.
Advantages and Disadvantages of Sharing Custody in California
There are many advantages of sharing custody.
Parents divide parental responsibility so that each parent is responsible for the needs of their child. They develop a parenting plan that divides the parenting responsibilities in a manner that works best for the family. For example, a parent who works mostly weekends may have the child during the week while the other parent works.
The parents have an equal say in the decisions that impact their children. For example, the parents may decide to place their child in a specific school. Shared custody allows the parents to maintain their parental roles. Parents can work together to ensure all the child’s needs are met, and the same rules are followed at each home for continuity and stability.
Sharing custody also allows the parents to spend as much time as possible with their children. Sole custody often limits the time the non-custodial parent spends with the child. Scheduled visitation may only include every other weekend.
However, shared custody also poses some challenges and disadvantages.
The location of the parents’ homes can be a problem. If they live too far apart, sharing custody may not be feasible. Transportation could be too expensive or time-consuming. A parent may be willing to relocate to share custody, but that might not always be an option for parents.
Parents need to be able to get along to share custody. If there is ongoing tension and problems between the parents, shared custody might not work. Effective co-parenting requires a certain level of cooperation and respect.
Sharing 50-50 custody could make a child feel like they do not have a home if they are constantly going back and forth. The consent transition means a child may not always have what they need or want with them because they forgot to pack it, or it is too burdensome to carry back and forth.
Where Can I Get Information About Sharing Custody in California?
If you need help, a child custody attorney can offer legal advice and guidance. Even though you and your ex-partner agree to share custody, many issues must be addressed. Negotiating the terms of a parenting plan and time-sharing agreement can raise issues that parents did not consider.
Having an experienced family law attorney to guide you through the aspects of resolving child custody issues is in your best interests and your child’s best interests. Contact our office to schedule a free consultation to discuss your questions about custody in California.
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