What is the most common child custody arrangement in California?

Child custody arrangements vary from family to family and state to state. Some arrangements are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Joint legal custody is the most common custody arrangement. In this arrangement, both parents are involved in the decisions regarding how their child is raised.

If we were never married, do I still need a custody order in California?

The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.

How is child custody determined in Los Angeles?

In most states and most situations, when a child's parents can agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties cannot agree, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian looking out for the child's best interest, and other evidence when deciding child custody. The child's best interest is always the criteria the court uses in these decisions.

What's the difference between legal and physical custody?

When a parent has physical custody, the physical child is placed with them. This parent lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary custody. A parent with legal custody is allowed to make important decisions about the child, including decisions regarding the child's medical care, education, and religious upbringing. Joint legal custody may be awarded to both parents, so they have input in making these important decisions for their child.

Does custody primarily go to one parent in California?

Many people make this incorrect assumption. The answer is "no." The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states require a primary custodian, but that does not mean one parent gets full custody. The courts always consider the evidence and the child's best interest to be of paramount concern.

Do I need a child custody lawyer in Los Angeles?

It's really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake. Parents often mutually agree on child custody arrangements, making the matter easier. In some cases, a parent may have felt compelled to agree, so having a family law attorney advise you on what's fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to ensure the court-approved child custody arrangement is fair and reflects what you had anticipated.

CHILD CUSTODY

Child Custody Lawyer in California

Both parents have the right to custody of their child, and the courts typically prefer that. The idea is simple: each child and parent has the right to develop their relationship. Child custody is a right both parents have, barring any serious issues such as abuse or neglect. Determining what that manifests as is another issue altogether.

At Bowen & Kennedy, P.C., our child custody attorney in Los Angeles and San Bernardino will thoroughly review your case, listen to your concerns and preferences, and outline your best course of action. We know you have your child's best interests at heart. To that end, we will make every effort to attain the best child custody arrangement for you and your child. Contact us online or at 866-372-0569 to schedule a free 30-minute consultation.

What is Child Custody in Los Angeles?

When two parents are no longer together, one of the most essential matters to decide is who will have custody of their child. In most states, the court must consider two different types of custody: legal custody and physical custody.

Legal Custody

Legal custody is not related to whom the child lives with. Instead, the parent with legal custody can make important life decisions for the child. For example, a parent with legal custody will decide where the child attends school and the type of healthcare they will receive. In some states, it is possible for the parents to share legal custody.

Physical Custody

Physical custody concerns where the child resides. It may be awarded solely to one parent or shared jointly between parents. Parents with joint custody will have a plan that determines who has the child and when.

When determining whom to award child custody to, a court will consider what is in the child's best interest. Some of the factors the court will look at are:

Who can provide a safe environment for the child
Any evidence of abuse
The child's relationship with each parent

If a matter affects the child, the court will likely consider it when awarding custody.

Parent Plans and Child Custody in Los Angeles & San Bernardino

Once child custody has been determined, unless one parent has sole custody, most jurisdictions request the parties enter into a parenting plan. A parenting plan lays out what is expected of each parent to provide the child with the physical and mental stability they need to prosper. It can address everything from where a child lives to the religion they will be exposed to. A parent plan differs from a parent order in that a parent order is enforceable by the court. The parent plan is an agreement the parties reach together, often with the help of mediation.

Unfit Parents and Child Custody in California

When a court reviews a case and determines that a parent is unfit, it will likely award custody to another party, and the court may allow the unfit parent supervised visitation. The court may also order the unfit parent to undergo counseling and parenting classes if they want to continue to have a relationship with their child.

While it is not impossible in most jurisdictions for an unfit parent to later regain custody of their child, it is not an easy feat as they must prove to the court the issues that deemed them unfit have been entirely resolved.

Enforcement of California Child Custody Court Orders

All too often, obtaining an order from the court for child custody is only the first part of the battle. If the other parent or person who has visitation does not honor the agreement, the custodial parent may have to take steps to have the court order enforced. While enforcement procedures differ by jurisdiction, the most typical method is by filing a motion with the court. This motion goes by different names, such as Motion to Enforce Custody and Visitation or Motion for Civil Contempt. The court will then schedule a hearing to determine why the order has not been upheld and decide the best way to proceed.

When the police are summoned to enforce a child custody order, they may or may not become involved. Absent a criminal act, such as kidnapping, police tend to favor not being involved.

You should request an emergency hearing with the court if there is an emergency. Emergencies include situations where one parent refuses to allow the other parent to see the child even though it violates the order.

How to Enforce Child Support in California

You have been awarded child support in California; now what? Or, you have been receiving child support, but payments stopped; now what? So many parents depend on the financial support they receive through these court-ordered payments, so child support orders must be enforced.

At Bowen & Kennedy, P.C., our child support lawyer in Los Angeles will guide you through the process, from requesting child support to enforcement of the same.

When Does Child Support in California Need to be Enforced?

Courts often enter orders that require one parent to pay another parent money for the care of a child they share. When an order is issued, enforcement is immediate. The order is sent to the appropriate agency, creating an account to issue child support. The government agency usually enforces child support orders through wage garnishment. The money is directly taken from the supporting parent's wages and automatically sent to the parent receiving support. Some states send checks, while others deposit them directly into bank accounts or provide debit cards.

When wages are not garnished, payments become more challenging to enforce. Some states may allow the supporting parent to pay the other parent directly. When the supporting parent fails to pay as ordered, the parent receiving the money is often left struggling to provide for their child. In this situation, we usually find clients needing an order enforced for child support.

There is one misconception, however, involving instances where no child support order exists. Parents sometimes make arrangements among themselves, outside the court system, where they agree that one parent will pay the other parent a certain amount of money.

When this happens, there is generally no way for the parent receiving the support to have the agreement made between the parties enforced. Instead, they will need to have a support order entered by the court. At Bowen & Kennedy, P.C., we understand that this situation can be delicate. Clients run a fine line between keeping good relationships with the supporting parent and advocating for their and their child's rights. We work with you to resolve these problems while representing your interests.

California Child Custody FAQ

What is the most common child custody arrangement in California?

Child custody arrangements vary from family to family and state to state. Some arrangements are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Joint legal custody is the most common custody arrangement. In this arrangement, both parents are involved in the decisions regarding how their child is raised.
If we were never married, do I still need a custody order in California?

The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.
How is child custody determined in Los Angeles?

In most states and most situations, when a child's parents can agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties cannot agree, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian looking out for the child's best interest, and other evidence when deciding child custody. The child's best interest is always the criteria the court uses in these decisions.
What's the difference between legal and physical custody?

When a parent has physical custody, the physical child is placed with them. This parent lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary custody.
A parent with legal custody is allowed to make important decisions about the child, including decisions regarding the child's medical care, education, and religious upbringing. Joint legal custody may be awarded to both parents, so they have input in making these important decisions for their child.
Does custody primarily go to one parent in California?

Many people make this incorrect assumption. The answer is "no." The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states require a primary custodian, but that does not mean one parent gets full custody.
The courts always consider the evidence and the child's best interest to be of paramount concern.
Do I need a child custody lawyer in Los Angeles?

It's really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake.
Parents often mutually agree on child custody arrangements, making the matter easier. In some cases, a parent may have felt compelled to agree, so having a family law attorney advise you on what's fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to ensure the court-approved child custody arrangement is fair and reflects what you had anticipated.

Contact a Child Custody Lawyer in California Today

If you face a child custody issue, ensure your rights are protected by hiring a lawyer with experience in disagreements. Contact Bowen & Kennedy, P.C. in Los Angeles and San Bernardino, California, today via our online form or call us at 866-372-0569.