
kids and their time
Regardless of your dispute with the other parent, your child needs assurance that both parents love him or her. A child needs affirmation that he or she is not to blame for the parent's break-up and that he or she will still be allowed to see the other parent without reprisal.
Generally, a child will continue to need time and attention from both parents. Younger children mostly should not have to choose between one and the other parent. However older children may have a preference, which the court may consider in making a determination for custody. FC 3042 provides that the court may consider the ‘intelligent preference" of a child of sufficient "age and capacity.’
This page is about the chapters in the California Family Code (FC) which address child custody laws in California and how the courts in California deal with child custody issues in paternity (uniform parentage), divorce, nullity and separation cases. This page also contains information about the policies behind California court decisions, the different kinds of custody- legal custody and physical custody - and the meaning of joint custody as contrasted to sole custody. I also refer to custody issues arising in ‘move-away’ cases, and how courts approach custody issues by determining what would be in a child’s best interests. Factors that play a role in determining custody are mentioned. Finally, reference is made to mediation and modification of child custody orders.
physical and legal custody in california
‘The term 'custody’ means physical and legal custody rights. Physical custody refers to who your child resides with, while legal custody refers to decision-making for a child regarding schools, development, medical insurance, finances and other issues. Joint custody means you and the other parent share legal and physical custody of the child (FC 3002).
custody policies in the state of california
It is the policy of the court in California to promote frequent and continuous contact with both parents, and absent grounds, this is the custody arrangement that a court will encourage. In certain cases the court may order supervised visitation.
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