Child Custody

Child custody is a contentious but extremely important aspect of any divorce (or separation of non-married parents) involving minor children. California law places the best interests of the child above all other considerations -- including parents' rights -- in a custody case. Even though both parents may sincerely have the best interests of their children at heart, they may not be able to agree on what those are. In any dispute over custody, it's crucial to have an experienced attorney who can help you navigate the legal, financial and emotional aspects of your case.

There are two types of child custody in California:

Legal custody is the right and responsibility to make decisions for your child -- about education, religion, health care and other matters that touch on the law. California courts will generally give joint legal custody to both parents, allowing them to share in these important decisions, regardless of where the child lives. However, under some circumstances, a court may give sole legal custody to one parent or the other, cutting off the other's input in major life decisions for the child. Because this is hard to reverse, it is essential to make sure your interests are well and thoroughly represented in court.

Physical custody, as the name implies, is the right and responsibility to care for your child on a daily basis. These arrangements can vary widely, from a joint custody arrangement mandating equal time with both parents to sole custody. The needs, desires and limitations of the family will most likely determine the physical custody arrangement.

There are several arrangements with child custody:

Exclusive custody ("legal and physical): This is where one parent has the right to make decisions regarding the child's residence, health, education and welfare. The non-custodial parent has reasonable visitation rights.

Sole physical custody: This is where the child resides with and is supervised by one parent, subject to the other parent's reasonable visitation rights. Although one parent is the sole physical custodian, the other parent still has decision making power about how the child should be brought up. (ie: whether child should attend public or private school, whether child should be brought up Christian or Jewish, and etc.

Sole legal custody: This is where a parent has the exclusive right to make decisions regarding the child's health, education and welfare. This however is normally ordered along with exclusive physical custody to one parent.

Joint custody: Under this arrangement, neither parent has sole physical or legal custody. Both have the authority to control and supervise the child, and the child's presence is shared.

At Wallin & Klarich, we approach every case with the belief that the person we're representing could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.