Child custody includes both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.
Child custody cases in California can be either contested and resolved by court order, or non-contested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:
- Where the child lives (physical custody)
- Who is involved in making health, religious, and education decisions (legal custody)
- How the visitation schedule with non-custodial parents or relatives is arranged
In the context of a child custody case, visitation is defined as the right for a non-custodial parent to see their child, or as temporary custody that’s been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in California assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child’s best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in California, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in California strive to make custody and visitation decisions that are “in the best interests of the child”. The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child’s best interests.
Child support is an ongoing payment by a non-custodial parent to assist with the financial support of their children. Child support payments are often determined during the process of dissolution of a marriage through divorce, though the only requirements for requesting child support payments are establishment of paternity and maternity