Child Custody

 Minor children of a dissolution, domestic partnership, or paternity action  are in the “custody” of the parties. In California, there are two kinds of custody:  legal custody and physical custody.

Custody Attorney Santa Clara County

Legal custody refers to the right of a parent to join in major decisions regarding the child’s upbringing and to have access to various records.  However, the  scope of legal custody  can be narrowed or expanded according to the the facts of each case.  A parent can have joint legal custody or sole legal custody.

Physical custody lawyer San Jose

 Physical custody, in the traditional sense, means with which parent the child lives.     A parent can  have joint physical custody or sole physical custody.  The trend in California is to award joint physical custody:  that is,  the child resides with both parents.   It does not necessarily mean 50 percent of the time with each parent; one parent can have more time than the other.

  Joint physical custody  will be awarded when both parents are reasonably able to provide a secure, stable environment.  Joint custody is not appropriate when a parent is unfit.  An example is an inability to provide meals and school attendance.

Best interests of the child

The standard for establishing custody is based upon the bests interests of the child. What is best for a child differs from case to case.

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Custody Move Aways

A parent who shares joint physical custody of a minor child must obtain the consent of the other parent when the move would interfere with a child sharing order.

If you have questions regarding child custody or a move away case,  please call  lawyer Vivian Carlson for a free consultation.