The article takes a deep analysis of the Sole Custody Laws in California Divorce, it explains how one goes about the process, what he/she is likely to encounter and what to expect. To seek more specific legal information one should always consider a family law lawyer.
Divorcing is not an easy and simple process particularly when a couple opts to divorce with children. Among the few crucial alternatives a court ought to make during a divorce in California is making decisions concerning the custody set ups. In certain instances, complete custody may be awarded to only one of the parents, thus enabling him or her to make all the child welfare decision on his or her behalf. Any person, who is going through a divorce process and experiencing difficulties over child custody, should understand sole custody laws in California.
Sole custody implies that one of the parents possesses only a legal or physical hold of the child and, in either case, he or she is entitled to make all crucial decisions on behalf of that child without consulting the other parent. This encompasses judgment concerning education, health, and well being. Nevertheless, single custody does not always imply that the other parent would be totally left out of his or her child life. Non-custodial parent in most occasions will still be allowed visitation rights.
Sole Custody Laws What is Sole Custody Laws
Before proceeding into the legal technicalities, it would suffice to render a definition of sole custody. In California, sole custody is the case where single parent becomes the custodian of one parent; he or she is provided with the legal and physical custody of the child. This is to say the custodial parent has dominion in making all important decisions regarding the life of the child including ones that touch how the child should live in terms of education, health and religion.
On the one hand, sole custody puts all the responsibility with one of the parents, but, at the same time, it is important to consider that it does not actually imply non-custodial parent being locked out of the child. In most instances, the parent who does not have the custody is still entitled to visitational rights or parenting time, this is case dependent. There may be many reasons of assigning sole custody, but the essence is the reason that it is in the interest of the child.
What is the Difference in Sole Custody and the Joint Custody?
It is very essential to know the distinction between sole custody and joint custody. Joint custody is when both of the parents are entrusted with the responsibility of managing the raise of the child and as such, the child is normally in the physical custody of both parents. Sole custody on the other side however provides complete decision making authority to a single parent and normally the child studio with one of the parents.
In California, joint custody is preferred on the condition that both parents are good enough and capable of making the decisions together. The following is what the courts usually favour; joint custody as a result of which a child can have relationships with both parents.
Notable contrasts of the two In Sole and Joint Custody:
Decision-making: Sole custody gives one of the parents the right to make decisions alone whereas joint custody involves resolving of major decisions by both the parents.
Physical custody: In sole custody, a child resides with one of the parents, whereas in joint custody, co-habitation of both the parents is the common practice.
Visitation rights: The non-custodial parent (in the sole custody) normally has the rights and may be allowed to see the child, and the number of times they can be allowed to see the child depends on the scope of the case.
Things That are taken into consideration in Sole Custody Decisions
The California courts credit various factors in determining whether or not to grant one party with sole custody of a child in a divorce case and all these factors revolve around the best interest of the child. The court will not only investigate the physical and emotional needs of the child but also assess capability of the parents to address the same.
There are some key points:
1. Emotional, health, and age needs of the Child
Age, health and emotional needs will be considered by the court in regard to the child. As an illustration, an early childhood stage demands greater levels of stability and attachment to a single caregiver. The parent may need to give special care and attention to the child so that one needs to be the parent that he can give SEN special care.
2. Physical Capacity and Fitness to the Parents
The court will look into the capability of each parent to meet the physical and emotional needs of the child.
3. The relation between parents and children
The Parent-Child attachment The Parent-Child relationship
Where the bond between the child and each parent is strong, the court will consider this factor.
4. The Capability of the Parents to Co-Parent Each Other
Sole custody can be granted when the parents fail to cooperate, even though when there is the capability of the parents to cooperate, they will be granted joint custody. In case the parents had experienced conflictual relations, the court might decide that this is in the best interests of the child to grant full custody to one of the parents.
5. Domestic violence or Abuse
In case, domestic violence, child abuse or neglect is discovered the court may provide sole custody to the parent that will be able to ensure that the child can live in safer environment. This is among the most considerable elements in custody decisions.
California Sole Custody determinations
Determining the sole custody in California follows a number of steps, and in most of the cases it begins by the parents filing a petition in regard to the custody. In the event that the parents cannot reach an agreement specifying where the child should be left in custody, the court will come in and decide based on what is best to the child.
Step 1 Claiming Custody
Parents can request only one parent to be the custodian in the divorce or in a separate case.
Step 2: Mediation
California courts do not take any final custody decision until the mediation is carried out. An independent third party will assist in the flow of communication between the parents and communicate to gain a common ground. In case the parents fail to reach a consensus through mediation, then the trial will be conducted in the court.
Third step: Trial and hearing
In case the mediation fails in making an agreement, then a trial will be held. Each of the parents will have evidence and testimony that will be provided to prove his or her unique case in terms of sole custody.
After Sole Custody is Awarded What Next?
In case we agree to grant sole custody, then the parent with the child will be entrusted with all the decision making responsibilities concerning the child concerning his education, healthcare and other aspects as far as his well-being is concerned. The party who will not take the child despite not being the custodial parent, can always get the right to visitation although the extent and type of visits will depend on the decision made by the judge.
The court can also place supervised visitation in some instances where they feel that the non-custodial parent is not capable of taking care of the child when he/she visits him/her. Nevertheless, the right to pass all the decisions concerning the upbringing of a child belongs as a rule to the custodial parent.
FAQs
1. What is a difference between sole custody and joint custody in California?
The sole custody implies that either parent has all the decisions and care on the child, whereas joint custody implies that the parents share all of the above. The California courts tend to favor joint custody except where there exists some good reason to the contrary.
2. Is it still possible that the other parent would still get to see the child even though the child has a sole parent?
Yes, even in case of sole custody, the parent who does not have the custodial custody, tends to have the right of visitation. But it will be determined whether the visitation and how frequent it will be according to the decision of the court.
3. What determines the court to grant sole custody of a parent?
The resolution of the court is preceded by what is beneficial to the child in the end.
4. What in case the parents do not reach a consensus over custody?
In case parents are unable to agree, they have to be referred to mediation. In case the mediation does not work, the court will organize a hearing and arrive at the final decision on the best interest of the child.
5. Once a decision is made can custody change?
A custody can also be changed by requesting the court by either parent. To know more about Sole Custody Laws and updates, Visit our site Tax Laws In USA
