Deciding how and where a child will spend his or her time in the aftermath of a divorce can be difficult. Child custody is a highly emotional matter for everyone involved. Understanding how custody is decided in a divorce case in Sacramento can help you and your family prepare for the process ahead.
Types of Child Custody Arrangements
There are two types of child custody recognized in California: legal and physical. Legal custody gives one or both parents the right to make important decisions regarding the child. This includes the child’s education, health care and religion. Physical custody means the child is physically with the parent or sleeping under the custodial parent’s roof.
Joint child custody agreements in Sacramento mean that both parents share legal and/or physical custody of a child. This is the most common arrangement, as the California courts believe, in general, that a child fares better when he or she continues to have meaningful contact with both parents after a divorce.
Sole custody means that only one parent is granted decision-making responsibilities and physical custody of a child. The non-custodial parent may or may not be allowed visitation rights in a sole custody agreement, depending on what is best for the child’s welfare.
Child Custody Process in California
In California, the courts give divorcing parents the first opportunity to decide on child custody. Parents often know what is best for their own children. If both spouses can come to an out-of-court agreement on how to divide parental responsibilities and parenting time, a judge will sign off on the arrangement as long as it protects the child’s well-being.
To encourage communication and compromise between parents and limit the load on courts, California has a custody mediation requirement. When parents cannot agree on child custody or visitation, mediation is required by law before the case can proceed to a courtroom. Mediation is an informal meeting between both parents (and their attorneys, if desired) and a mediator.
A mediator is an unbiased third party who is there to facilitate better communication and conflict resolution between the two parents. If mediation meetings do not resolve the custody matter, the case will proceed to a Sacramento County family courthouse.
“Best Interest of the Child” Standard
If a child custody case goes to court, the gold standard used to make decisions is the “best interest of the child.” This means what is best for the child’s physical, emotional and mental well-being. The courts will carefully tailor a custody decision according to a child’s unique needs and circumstances.
Factors the courts may consider when deciding child custody include:
- The child’s relationship with both parents
- The child’s connection to his or her home and community
- Each parent’s capacity to provide a stable and loving home environment
- Any history of substance abuse
- Any history of domestic abuse, child abuse or violence
- Criminal records and convictions
- Any special needs the child has
- The child’s wishes, if old enough
A judge’s primary concern is always what is best for the child. If one parent does not agree with the judge’s custody decision, he or she can file an appeal or request a modification with the right legal grounds. Both parents have the right to hire Sacramento child custody attorneys to represent their desired arrangements during settlement conferences, mediation, arbitration or a divorce trial in California.
