Child Custody and How It’s Decided
Child custody concerns a parent’s rights to control their child. This includes making important decisions that affect their life and physical control involving having the child live with them. Child custody can be a very divisive issue between parents, and it’s something they should navigate carefully.
Castillo & Associates family law attorneys help clients in custody disputes. Most cases are resolved through negotiation, but we will take your case to court if necessary. If you want to learn more about California’s child custody laws and how we can help you, call us at 800-497-9774 today.
What is Child Custody?
This covers a parent’s rights and responsibilities for caring for their child. There are two types:
- Legal: Who decides essential issues for the child
- Physical: Who lives with the child some or most of the time
Both types are usually shared in some way (joint custody), but one parent could have sole custody. When both parents share legal custody, they must reach an agreement over potentially significant matters involving the child. That includes:
- Education
- Childcare
- Religious beliefs and practices
- Medical care
- Addressing needs for psychiatric, psychological, or other mental health therapy or counseling
- Participation in sports, summer camps, vacations, or extracurricular activities
- Travel
Legal custody issues can be much more significant “hot-button” issues that divide parents, especially if their views change over time. Parents may initially agree on a child’s education, for example, but one’s position may change over time, especially if a child has learning challenges or one parent wants the child to have a parochial or private education, but the other prefers that the child attend public schools.
How is Child Custody Determined?
Most of the time, parents will reach an agreement (with or without mediation) concerning who has what kinds of custody. If they can’t resolve their differences, the issue can be litigated, and a family court judge will decide. Their decision will be based on what’s in the child’s best interests, which can be broken down into several factors:
- The child’s health and age
- The child’s emotional ties with their parents
- The strength of the child’s ties to their community, school, home, and nearby friends and family
- Past family violence and who was responsible
- The parent’s ability to care for the child, which can be affected by substance abuse, medical or psychological challenges, and a parent’s past criminal record
The judge makes the final decision whether the parties agree to settle their dispute or the case goes to trial.
Can a Child Custody Order Change?
Like the original order, the changes must be in the child’s best interests. This isn’t about the parents. It’s how a significant change in circumstances is negatively impacting the child. The proposed change seeks to address that.
The order can be modified through an agreement, or a judge can order changes after a trial. If the two of you recognize the original arrangement’s no longer workable, you can enter into a stipulation that a judge signs. This is the new, legally enforceable child custody order. The two of you can agree to changes, but they’re not legally enforceable without court involvement.
If you can’t reach an agreement, the parent seeking the change asks the court for a modification. This involves showing facts about why there’s a compelling case that the original order must change and making legal arguments backing up that claim. The judge will presume the original order is reasonable until it’s proven otherwise.
Situations that may justify a custody change include:
- The child’s health, safety, or well-being is threatened (possibly due to substance abuse, domestic violence, a parent’s criminal behavior, or an uncontrolled psychiatric condition)
- A parent’s unable to provide for the child’s mental, physical, or emotional needs
- A parent is neglecting or abusing the child
- There’s a substantial change in work schedules
- One or both parents plan to relocate far enough away to make current physical custody arrangements impractical or impossible
- The child wants the change, is mature enough to voice a preference, and their reasons are legitimate
The changes and their reasons must be necessary if the court’s involved. Parents shouldn’t propose frequent changes based on minor disagreements. Child support issues are not valid reasons to challenge a custody order. A parent shouldn’t reduce or stop paying child support due to a custody dispute. That needs to be addressed separately.
Reach Out to the Child Custody Attorneys at Castillo & Associates to Discuss Your Needs
No matter what side of a custody dispute you’re on,the child custody lawyers Castillo & Associates attorneys are here to protect your legal rights while ensuring your child’s needs are met. To meet with our team in Indio, Riverside, San Bernardino, Inland Empire or another Coachella Valley city, call us at 800-497-9774 or contact us online.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
