What Is Joint Custody?
Custody agreements can be an incredibly stressful part of the divorce process. Whether the parents have differing parental capacities or are equally engaged, it can be difficult to determine what is best for your kids.
In most situations, a joint custody agreement is considered in the child’s best interests, but these agreements can vary dramatically. When negotiating the custody details, you may benefit from the support of a child custody attorney.
Types of San Diego Joint Custody Agreements
In California custody cases, joint custody means that both parents retain their right to decision-making and/or parenting time. The California court system divides child custody into two primary categories: physical and legal custody.
Physical Joint Custody
Physical custody refers to who physically cares for the child. Most parenting time schedules among parents with joint custody are scheduled. A scheduled parenting plan is one where the court determines a schedule for time with each parent.
If the parents get along decently and communicate well, a reasonable parenting plan allows them to decide on a schedule and adjust as needed without court intervention.
Legal Joint Custody
When the courts refer to legal custody, they mean a parent’s legal right to make decisions regarding education, healthcare, religion, and other significant child-rearing factors. In most joint custody situations, both parents can consent to medical care, enroll or withdraw the child from school, or take any other action on behalf of their child.
This freedom to make these decisions comes with the understanding that they are discussed prior. If your co-parent is not collaborating or speaking with you regarding these decisions, you may consider consulting with an attorney about modification of orders or other forms of enforcement.
Is Joint Custody Right for Your Family?
While the general understanding is that joint custody is best for the children in most cases, we know this is not always true. Some key considerations when determining which kind of child custody is right for you include:
- The parenting capacity of each parent: If one parent suffers from an active substance use disorder, they may be unable to safely manage the challenges of parenting.
- The quality of established relationships with the child: If one parent was a primary caregiver while the other was never home, this may affect the parenting schedule.
- Willingness to co-parent: When parents cannot be civil to one another or the courts have concerns about parental alienation, this may affect the custody order.
Additionally, the child does not have a formal weight on how custody is divided, but their preferences will carry more weight if they are at least 14 years old.
When Violence or Abuse Is a Concern
Suppose your relationship involved domestic violence or child abuse, and you are worried about the possibility of joint custody. It is critical to take precautions in these situations. Taking action on your own or denying access to the children can hurt your custody case. If you are worried, you may have grounds for an emergency hearing to ensure you and your children’s safety.
Consider working with a lawyer who is experienced in divorce and domestic violence cases. You may be able to get sole custody of your child under such circumstances.
The Key to a Successful Child Custody Agreement
Regarding divorce and child custody, you will be most successful when you try to make decisions with your child’s best interest as the focus. Whether your divorce and arrangement are amicable or not, it can be helpful to speak with an attorney to help you navigate the situation by focusing on your child’s well-being and helping you protect your rights as their parent.
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