If you are involved in a child custody case, contact Hemet Family Law Attorneys at the Law Firm of Bloom & Rudibaugh today to schedule a consultation with a knowledgeable family law lawyer. Because child custody cases are typically highly contentious, you want experience on your side. Our Family Law Attorneys have been successfully representing clients in child custody cases for 30 years.
Physical Custody vs. Legal Custody
Physical custody refers to who will maintain responsibility for the physical care and custody of the children, and is generally broken down into the following categories:
· Joint Physical Custody – under joint physical custody,
the parties will share responsibility for the physical care and
custody of their children. The term “joint physical custody”
does not mean that parties will receive a 50 / 50 timeshare
with their children. It simply means that each party will spend
a significant amount of time with the child / children from
· Sole Physical Custody – sole physical custody means
that one party will be responsible for the physical care
of the children.
Although California’s Family Code does not define the
term “primary physical custody,” this term typically refers to
the party who retains a larger timeshare with the children. The “custodial parent” has primary physical custody, and the “non-custodial parent” will receive visitation rights with the children under a parenting plan.
Legal custody provides the parties with the ability to make decisions regarding the child’s education, health, and general welfare. Under California law, parties typically share joint legal custody unless the court determines that one party is unfit to make such decisions or finds that sole legal custody is in the child’s best interests.
If the parties are unable to peacefully resolve their custody issues, the Family Law Court will typically assign a third party mediator to the case to help determine what would be in the child’s best interests. When making this determination, the mediator will generally examine the following:
· The relationship each party has with the child / children.
· Each parent’s physical and mental fitness to properly care for the child;
· Whether any circumstances exist that adversely affect the child’s safety or welfare.
After the mediator forwards his or her report to the Family Court Judge, the court will issue a ruling regarding legal and physical custody, and will also provide the non-custodial parent with visitation rights unless doing so would jeopardize the child.
For more information regarding child custody, contact Hemet Family Law Attorneys and Child Custody Lawyers at Bloom & Rudibaugh.
Whether you need to file for divorce or need help with any other family law issue, including child custody, child support, child visitation, post judgment modification, paternity or spousal support, please complete the Family Law Case Evaluation Form . You will be contacted when we receive your information.