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Getting to know the basics about child custody

On Behalf of Cullen Family Law Group | Dec 2, 2022 | Child Custody |

When our readers in California are going through a child custody family law issue, they probably hear the phrase “best interests of the child” quite often. It is one of those legal phrases that seemingly sets the tone for the whole case, like “beyond a reasonable doubt” does in criminal cases. But, what does “best interests of the child” even mean? Getting to know the basics about child custody can help our readers know what to expect.

Child custody basics

For starters, there are plenty of different factors that can come into play when deciding on child custody. First, can the parents of the child reach an agreement on their own? Family law courts typically prefer if they do, as long as the agreement is reasonable. However, if you are in the middle of a child custody dispute, chances are that you haven’t had much luck agreeing on much of anything with the child’s other parent and, as a result, it may be a judge’s decision on what is in the “best interests of the child.”

“Legal” custody is one aspect of child custody. The parent with legal custody has the right to make important decisions about how they will raise the child, such as where the child will attend school, receive health care, go to church—or any other of a number of decisions on the child’s behalf. “Physical” custody is the other aspect of child custody. Physical custody determines where the child will live and spend time.

What is the optimal decision?

In reality, family law judges who have to make child custody decisions typically prefer “joint” custody for legal and physical custody arrangements—meaning that both parents are, mostly, equally responsible for the child’s upbringing. However, factors such as the relationships between the parties, the parents’ living conditions and income, the presence of violence or alcohol or drug abuse in the household and many other factors will be considered, based on the facts of the individual case in question.

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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