One of the biggest decisions that divorcing couples make is who gets custody of their children. In most divorces, the court will prioritize joint custody to help ensure that the children can continue to build a healthy bond with both their parents even after they have divorced. Here are 4 frequently asked questions about California’s joint custody laws.
What is joint custody?
There are two types of child custody in California. Legal custody outlines which parents have a right to make important decisions regarding their children’s lives, while physical custody defines which parent the children will live with most of the time.
In a joint custody arrangement, both legal and physical custody are awarded by a judge to the parents, making them equally involved with their children’s daily routines and with the decisions that relate to their children’s upbringing.
What decisions are involved in joint legal custody?
Both spouses will continue to play an active role in providing a safe and supportive environment for their children. By raising them in a joint legal custody arrangement, both parents will be involved in the following decisions for their children:
- Childcare or school
- Sports or other extracurricular activities
- Religious practices
- Mental health counseling or therapy needs
- Healthcare (medical, dental, health insurance plan)
- Travel
What are the criteria for joint custody?
Under California law, the judge will review the following criteria to determine the children’s best interests:
- Their age, health and general safety
- Their connection to the community and school
- Each parent’s ability to care for the children
- Each parent’s nature of contact with the children
- If either parent has an ongoing substance abuse disorder
- If either parent has a history of domestic violence
After a thorough evaluation, the court may award the divorcing couple with a joint custody arrangement — as long as it determines that this arrangement is in the child’s best interest.
How is parenting time shared in joint custody?
Even if you and your ex-spouse get joint custody of your children, this arrangement does not mean a 50-50 division of parenting time, especially if one parent lives far away. Here are two types of parenting time orders for joint custody in California:
- With a schedule: Parents have a respective set of dates and times that they will spend with their children. This schedule can include special occasions, holidays and vacations.
- Reasonable: An open-ended schedule that allows both parents to manage their parenting time with more flexibility.
Prioritizing your children’s best interests
Navigating custody decisions can be challenging to oversee on your own. Although you know what is best for them, you might not be able to decide on every aspect objectively. By seeking legal counsel, you can off-load some of the emotional stress while planning a course of action that benefits your children.