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Whether you are trying to obtain initial custody and visitation orders or seeking modification of the current timeshare arrangement, this is one of the most personal and stressful issues facing parents. In California, the courts must make custody and visitation orders based on the best interest of the child.
It is important to understand that there are two types of custody: 1) legal custody and 2) physical custody.
Physical Custody
Physical custody is the amount of time that the children spend with each parent. There can be orders for joint physical custody and primary physical custody. Joint physical custody orders must ensure the child has “frequent and continuing contact with both parents.” Primary physical custody means that the children will reside with and is under the physical supervision of one parent, with the noncustodial parent having visitation rights.
Legal Custody
Legal custody is the right to make decisions regarding the children’s health, education and welfare. Parents who have joint legal custody share the right and responsibility to make decisions regarding the children’s health, education and welfare. Where one parent has sole legal custody, that parent will have primary control over decisions regarding the child’s health, education and welfare.
The Tran Law Firm recognizes there are different types of custody and we possess the knowledge and the care to give you the understanding of these differences and help you obtain custody and visitation orders consistent with your child’s best interests.