Child Custody Attorney in San Diego, CA 

Physical vs. Legal Custody

Before exploring the ins and outs of child custody law in California, it is important to understand physical and legal custody. Physical custody refers to who a child lives with, and it can be sole or shared. Legal custody gives you the right to make important decisions on behalf of a child, such as those regarding education, healthcare, and religion. 

The Differences Between Sole & Joint Custody

California courts may grant sole or joint custody. Generally, they prefer joint custody arrangements, as these are usually the most beneficial for children. 

Sole custody would give you physical and legal custody of your child. Your co-parent may receive visitation rights in a sole custody arrangement. 

Joint custody would give you and your co-parent decision-making rights and allow your child to live with either of you for specific periods. In joint custody arrangements, you or your co-parent may have sole physical custody. 

How California Courts Determine Child Custody 

California courts aim to make custody decisions in a child’s best interests. Of course, this will look different from one case to the next. They may consider your child’s age, needs, and preferences in their decision-making process.

Courts will also account for your and your co-parents’:

• Involvement in your child’s life 
• Ability to care and provide for your child
• Living situations
• Willingness to involve the other in your child’s life
• History of domestic violence, alcohol abuse, or drug use

Possible Timelines for Securing a Custody Agreement

Your timeline for securing a custody arrangement will vary based on several factors. One of the most important is whether you are going through a contested or uncontested divorce.  A contested divorce may require mediation and court appearances, which can take a significant amount of time. On the other hand, uncontested divorces allow couples to expedite the divorce process and reach resolutions relatively quickly. 

At most, you may spend 18 months or more securing a child custody agreement. With an uncontested divorce, you may be able to reach an agreement in as little as six months. Whatever the time frame, you do not want to rush. The outcomes of child custody disputes can have lifelong impacts, so it is important that you make yourself heard and work to reach an equitable agreement.