In California, parents who are navigating their divorce must not only address key issues about their marriage and shared finances, but issues about their family as well. These include child support, child custody and visitation.
Settling on an agreement that tackles these important decisions must be fair to both parties and made in pursuit of their children’s best interests.
What is joint custody?
To help ensure that your children can have lasting relationships with both you and your spouse, the court will seek to prioritize a joint custody arrangement for your family. This custody is divided into two main types: legal custody and physical custody.
In legal custody, one or both of you will have the right to make important decisions about your children’s upbringing. In physical custody, one or both of you will carry on your parental duties by having your children live with you.
In most cases, both parents will follow a court-approved parenting plan that details their shared schedules with their children. However, if the case involves family or domestic abuse, physical custody may be awarded to only one parent.
What types of decisions are shared in joint legal custody?
If you and your spouse amicably agree to a joint legal custody arrangement, both of you will have the same rights to make important decisions about your children’s lives.
These decisions include:
- Childcare and school
- Sports and extracurricular activities
- Holidays, vacations and out-of-state travels
- Medical decisions
- Religious events
- Mental health needs (e.g., therapy, counseling)
It is important to note that you will still both need to submit your agreement in court. In this process, the judge will determine if joint legal custody is the most suitable option for your children’s physical and emotional well-being.
Your children deserve the best
By understanding your rights and learning about California’s joint custody laws, you and your spouse can make informed decisions about your family and settle on a custody arrangement that can benefit your children’s interests and happiness.