Child Custody

Understanding Child Custody

Parents involved in a dispute over child custody typically find themselves in one of two situations: 

1. They are seeking an award of custody and parenting time in connection with a divorce, or
   
   
2. They are an unmarried couple that is seeking an award of custody and parenting time in connection with a separation or a breakdown in their co-parenting relationship.  

At Vista Family Law, we help parents in both situations, and we know that each parent and child have their own unique circumstances. We promise you that we will work closely with you to understand your wants and needs and those of your child so that we can find the best solution for all of you.

Navigating Child Custody

 Resolving a child custody dispute requires the court to address two different legal issues – 

1st Issue – Which parent should have authority to make decisions for the child? 

2nd Issue – Which parent should the child live with?

The court’s answers to these questions will address everything from the decision-making authority of each parent, the amount of child support that will be awarded, and the parenting plan.

Best Interests of the Child

In determining how to award custody, the court will make its decision based upon the “best interests of the child” standard. There are many factors that the court will consider when determining which course of action is in the best interests of the child, but in general the following four factors are especially important. 

1st Factor – Each parent’s role in caring for the child until now 

2nd Factor – Each parent’s social and economic stability going forward

3rd Factor – Each parent’s health and moral fitness

4th Factor – The preference of the child

Allocating Custody

There are two different types of custody – Physical Custody and Legal Custody.  

Physical Custody: 

Physical Custody refers to the amount of time each parent is permitted to spend physically with a child. This type of custody may be awarded to a single parent or shared between both parents. Typically, there is one parent designated as the primary physical custodian and the other parent receives secondary physical custody.

The courts determine primary physical custody based on several factors that vary by state, but most jurisdictions place great importance on who has been the child’s primary caregiver during the course of the marriage.

Courts typically find that it is in the child’s best interest to have a single residence to call home. For this reason, it is uncommon for both parents to be awarded equal physical custody. Instead, the courts typically assign primary physical custody to one parent and secondary physical custody to the other.

The details of how to divide the child’s time between the two parents are laid out in a parenting plan. We will discuss parenting plans further down. 

Legal Custody: 

Legal Custody refers to a parent’s decision-making rights regarding a child’s health, education, and welfare. Legal Custody may be awarded to a single parent or jointly to both parents. Typically, parents are awarded joint legal custody, which means that the parents must participate equally in decision making and that the parents have equal rights to the child’s medical and educational records.

By awarding joint legal custody, the court seeks to ensure that the parent who has secondary physical custody of the children cannot be cut out of the decision-making process regarding any major issues involving the child.

Note that the court cannot force parents into a joint custody arrangement – the parents have to agree to it voluntarily. If the parents cannot agree, then the court must award Legal & Physical Custody on a sole or primary basis to one of the parents.

The Parenting Plan

Imagine that you have been awarded physical custody of your child (either primary, secondary, or joint). How will that physical custody work in practice? For example, how much time will your child spend with each parent? Where will your child sleep? Which holidays will your child spend with you? These are the questions that must be answered for two parents to agree on a parenting plan. The details of how to split your child’s time will be answered by the parenting plan. If the parents cannot agree on how to answer these questions, then the court must decide and impose its own parenting plan on the parents. 

It is essential that you craft a parenting plan in order to protect your time with your children. The lawyers of Vista Family Law are experienced in creating thorough parenting plans that make sure that your time with your child is protected. 

How Can We Help?

The attorneys of Vista Family Law can draft a fair custody arrangement and parenting plan for you that will protect your access to your children while reducing the risk of litigation. We will guide you through mediation to help you reach a resolution and hopefully avoid going to court entirely. If a resolution is impossible, then we will fight to protect your custody rights.