When you realize the only way forward for your relationship is to proceed with a divorce, there are many different elements you may have to consider during the process. One of the most important is child custody. If your divorce is uncontested, there is a good chance you were able to work out a custody agreement with your former spouse without involving the court. If custody is a point of contention, you may ask yourself: What is a custodial parent in California?
What Is a Custodial Parent in California?
In California, the custodial parent is the parent who is given primary custody of the child by the judge presiding over your divorce case. The custodial parent is solely responsible for the child’s daily care, educational needs, health care, and overall well-being. This does not necessarily mean that the other parent, the noncustodial parent, is out of the picture. Depending on the situation, the noncustodial parent may still have parental rights over the child.
When you are involved in a contested divorce that involves a decision regarding child custody, the judge in charge of making decisions for your case must consider your child’s welfare above all else. They will consider who has primarily been caring for the child, who is more financially stable, any cases of parental alienation, and the child’s preference if they are old enough and mature enough. They will then decide who will be the custodial parent.
Physical Custody vs. Legal Custody
In California, there are two main types of child custody that are granted by the California family court system: Physical custody and legal custody. Both are important decisions made by the judge while considering what is in the best interest of the child. It is important to understand the gravity of both forms of custody so you can prepare yourself for a future custody battle:
- Physical Custody: Physical custody determines which parent the child lives with most of the time. If you have physical custody of your child, you are primarily responsible for providing a home, engaging in direct care, and making sure your child’s needs are met. There are two main forms of physical custody:
- Joint Physical Custody: Both parents share the responsibility of providing a stable home for their child. This is usually the norm for California custody cases.
- Sole Physical Custody: Only one parent bears responsibility for taking care of the child. Sole physical custody is often awarded in cases of abuse or neglect.
- Legal Custody: Legal custody determines which parent has the legal right to make decisions about the child’s overall welfare, including their education, health, and safety. If you have legal custody of your child, it is your job to make sure the child is properly enrolled in school, gets proper medical treatment when needed, and is given proper mental health counseling if needed, among other necessities.
Generally, in California, both parents will likely be awarded joint legal custody of their child, which gives both parents the right to make decisions on the child’s behalf. Sole legal custody is typically only awarded when absolutely necessary, such as in cases of parental abuse or neglect.
FAQs
What Does Custodial Parent Mean in California?
In California, the custodial parent is the parent who is given primary or sole custody of their child and is responsible for the majority of the child’s upbringing and daily care. The custodial parent generally has physical and legal custody of the child, though they may share legal custody with the noncustodial parent. The custodial parent is largely responsible for making a home for their child, while the noncustodial parent often has visitation rights and other legal obligations.
What Is the Difference Between Custodial and Noncustodial?
When it comes to a child’s welfare, the main difference between a custodial and noncustodial parent is the amount of obligations they have. The custodial parent is given the primary responsibility of raising the child as they see fit. They provide a home and meals, enroll them in school, and have the right to make major decisions about the child’s welfare. The noncustodial parent generally has the right to spend time with their child and may contribute financially.
What Is the Most Common Child Custody Arrangement in California?
One of the most common child custody arrangements in California is joint legal custody and sole physical custody. In this arrangement, one parent has primary physical custody of the child and is responsible for their day-to-day, while both parents have shared legal custody and have equal rights as parents when making decisions about the child’s welfare. This arrangement may not apply to everyone, but it works for many families in California.
Who Is the Custodial Parent in a 50-50 Custody Arrangement in California?
In a 50-50 custody arrangement in California, it may not be clear who the custodial parent is. In this case, joint custody splits responsibility, and both parents are considered custodial parents. They share the responsibility of raising their child on a daily basis. If one parent has the child a little more than the other, they may be considered the custodial parent, but legally, they are both responsible. This arrangement ensures both parents spend equal time with their children.
Reach Out to an Experienced Child Custody Lawyer Today
Dealing with a custody battle amidst your divorce can be an overwhelming experience. You want to make sure you retain experienced legal counsel who can help you anticipate setbacks and provide you with consistent advice when needed. Having someone in your corner who understands what’s at stake and can provide assistance can make all the difference.
The legal team at The Dorie A. Rogers, APC, understands how tough this whole experience can be for you. We can provide you with the help you need to see things through. We can help you build up your case, gather evidence that supports your desire for custody, and make sure your interests are consistently protected. Contact us to speak with a valued team member about your case.
