Divorce California Custody
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Divorce is a complicated legal procedure that involves a lot of other related issues and conflicts. If partners agree on all terms and conditions of dissolution, a case may be finalized in a relatively shorter time. However, the welfare of the children is a subject to disputes between most couples. Partners undergoing a court procedure in California State should have profound knowledge of the legalities involved in a case of dissolution of marriage in California. This would assist the partners in resolving all conflicts.
Types of California Divorce Custody
There are many types of guardianships that are offered under the family laws. But, every case is treated differently and the result is finalized using discretionary powers of the court. Some of these types are -
Sole Legal Rights
- A single parent is granted the exclusive responsibility and right to make decisions pertaining to the welfare, education and health of the kid.
- This person cannot have complete control over the supervision and residence of the child. The physical guardianship may be awarded to the other spouse.
Sole Physical Custody
- The child lives with and is supervised by a partner.
- This individual does not have the decision making power pertaining to resolve other issues that might affect the development of the child.
- The other spouse is given visitation rights and legal rights.
Exclusive Guardianship to One parent
- A person is offered the primary physical control of the child as well as the right to make decisions about the welfare, education, health and residence.
- The other one is granted secondary visitation rights. These visitations should be planned out stating the schedule and duration of visits.
Joint Physical Custody
- Each partner has to spend a considerable duration of time with the kid. They can decide on the alternative turns to spend time as per their convenience.
- The minor child should have frequent and continuous contact with both spouses.
- It is not necessary that each spouse spends equal amount of time with the child, i.e., one of the parents may play the role of a primary caretaker.
Joint Legal Plan
- The couple is offered the responsibility and right to make decisions pertaining to the welfare, education and health of the child. This type of parenting plan is possible if both of them agree to it. The duration and rights may be divided between spouses as per their wish.
Pure Joint Custody
- None of the spouses have sole legal or physical rights.
- The physical presence of the child is shared by both of them.
- Both parents have an equal right to supervise and control over the related affairs.
- Every partner is a custodian of the child for varying and fixed durations of time.
- There are cross rights of visitation.
- There are different parenting plans for each of the siblings.
- Every spouse has guardianship rights of minimum 1 kid. For example, mother may be granted responsibility of the son while father may be asked to take care of the daughter.
- Each partner has visitation rights to the non custodial sibling.
Non Parent Guardianship
- The person close to a family has a special responsibility of caring and control of the child. This situation occurs if none of the partners is considered responsible to handle the kids. The court may award custody to relatives or an institution in this case.
- The spouses might be awarded reasonable rights of visitation.
The California Code does not define the conditions for the last two types. Generally, joint guardianship is preferred, as it is held as the best form of parenting after dissolution.
Factors considered in California Divorce Custody
Some of the pertinent factors considered by the trial court are as follows:
- If the child is of adequate age and has the ability to reason and voice their preference, then the court must give due importance to their wishes.
- An order that alienates siblings in custodial households is regarded as detrimental to the best interests of the kid and is generally reversed. Only when there are extraordinary educational, medical or emotional requirements, such a separation is adhered to.
- If the established pattern of emotional bonds and care with the primary caretaker is frequently disrupted, it is harmful to the overall well-being of family. So, there is a principal requirement for stability and continuity in parenting plans.
- If some extremely violent crimes have been occurred in a home, such household is barred from the consideration. This crime list includes -
- Past record of alcohol and drug abuse.
- First degree murder of the other parent.
- Rape leading to birth of the minor child.
- Child abuse conviction or a Registered Sexual Offense.
The court may take into consideration other factors, if they are relevant. It is to be noted that California rules aim at having a secure future for the offspring after divorce. The gender and position of a partner is not applicable while working to ensure a child the best possible environment.