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Crafting a workable child custody agreement in California

On Behalf of Cullen Family Law Group | Sep 4, 2020 | Child Custody |

Child custody is the foundation for many extended disagreements in a California divorce. Parents are undoubtedly concerned about their child and want to cobble together and agreement that adheres to their best interests. Still, there will inevitably be issues in dispute as the parties try to formulate an agreement. Understanding the two types of custody orders that can be made and working within those parameters is an essential aspect of the case.

Understanding legal custody

There are two subsets of legal custody. They are joint custody and sole custody. If there is a joint custody agreement, the parents share the decision-making responsibility for the child’s education, healthcare, living arrangements, extracurricular activities, travel and more. Sole custody gives the parent who is granted that type of custody the right to make those decisions alone. When there is shared legal custody, the parties can decide on their own. Agreement between the parents for every part of the child’s life is not necessary. It is important, however, that there is sufficient communication between them to avoid rancor and other challenges.

Key aspects of physical custody

With physical custody, there are also two levels: joint custody and sole custody. Sole custody is also referred to as primary custody. Many might misinterpret joint custody to mean that the child must be with each parent precisely half the time. That is not the case. In general, the child will be with one parent more than the other due to logistical issues, school and work. If a parent is given the right to have the child more than 50% of the time, that parent has sole or primary custody. The court can award joint custody but still not give joint physical custody. The other parent will be granted visitation rights.

Legal assistance can protect a parent’s rights

When there is a family law case with child custody at its center, it is easy for the parents to become embroiled in an extended and contentious battle. To prevent that and address the fundamental concerns while protecting parents’ rights, legal advice may be necessary. This is true if the parents are on relatively good terms or not. Consulting with a firm that is experienced in all areas of family law may be beneficial for everyone involved.

 

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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