Custody
California Family Code §3020 reads, in part, the following:
(a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as provided in Section 3011.
California courts recognize the above statute as assuring that children have frequent and continuing contact with both of their parents, except where this contact is not in the child’s best interest. Alcoholism, child abuse, child neglect, domestic violence, illegal drug use, and mental instability are a few examples of exceptions, where the health and safety of the child is the court’s first concern. To ensure that a child is safe during a visitation period, professional and private monitors can be ordered to oversee contact.
In accordance with California Family Code §3040, custody may be granted to both parents or to either parent according to the best interests of the child. The court shall consider, along with other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent. The court shall not prefer a parent as custodian because of the parent’s sex.
Three commonly used terms are briefly defined below:
Legal Custody: The right and responsibility to make decisions about a child’s upbringing, schooling, medical care. Joint legal custody means that the decisions are equally shared between the parents. Sole legal custody means that one parent has responsibility to make these decisions.
Physical Custody: The responsibility of day-to-day physical care and decision making for child. Joint physical custody means that the child resides with both parents who share the day-to-day responsibilities. Sole physical custody means that the child resides with one parent who has the day-to-day responsibilities.
Visitation: Rights awarded to the parent who does not have physical custody of the child granting them exclusive time to spend with children.
There is no greater responsibility than ensuring that your children are safe and feel loved while they are transitioning through divorce. Contact the Law Offices of Jennifer Colarossi for a free half-hour consultation to discuss your specific case.
