What is the best interest of the child in California? If you’re like many people, you’ve heard that phrase before – but what does it mean, and how does it apply?
Here’s what you need to know.
The courts recognize that children’s health, safety and welfare are the most important things. The courts also recognize that kids benefit from frequent and continuing contact with both parents.
Some of the factors the courts will look at when determining the best interest of the child in California include:
Ultimately, what’s best for the child will win the day in court.
There are two main types of custody: legal and physical.
Legal custody refers to a parent’s authority to participate in major decisions about the child’s health, education and welfare.
Physical custody refers to the child’s physical presence with a parent.
Most parents share legal and physical custody – that’s called joint custody. However, in some cases, only one parent has legal custody. Sometimes only one parent has legal and physical custody, too. Usually, that happens when:
Related: Grounds for full custody of a child
Custody orders can be modified, but you’ll have to ask the court to agree to a new plan. Your attorney can file the appropriate petitions and walk you through the process.
Related: Reasons to modify child custody
If you’re going through a divorce, or if you need to change your custody agreement, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.
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