Going to court for any problem can be emotionally draining. This is especially true of child custody issues following a separation or during divorce proceedings. Child custody cases are always unique and can be incredibly complicated.
Hiring a qualified attorney is a good investment. A child custody lawyer knows how to handle child custody issues and can help protect your rights. Contact us today for a free consultation.
California Child Custody Laws
In California, family courts make child custody arrangements after determining what’s in the child’s best interests. There’s a presumption under California law that joint custody is in the best interest of a minor child. In most cases, the court will try to order shared custody between both parents.
Joint custody means both parents share physical and legal custody of the child. On the other hand, sole custody grants legal and physical custody to only one parent. In circumstances where joint physical custody is not feasible or appropriate, the court may grant joint legal custody to both parents and sole physical custody to one parent.
Types of Child Custody
As mentioned, there are two main types of child custody in California: legal and physical.
Legal Custody
Legal custody refers to a parent’s right to make major decisions regarding a child’s life. These decisions can relate to the following:
- Healthcare,
- Education,
- Religion, and
- Extracurricular activities.
Most of the time, parents are awarded joint legal custody and share equal decision-making authority regarding these issues. However, if there are specific reasons a parent should not have decision-making authority, the court may order sole legal custody for one parent. Typically, such reasons involve a history of abuse or a complete lack of involvement by a parent.
Keep in mind that parents with joint legal custody do not need to consult one another regarding day-to-day decisions about their child’s care. But when important decisions come up, such as whether your child should have surgery or what school they should attend, parents must work together and cannot act unilaterally. If one parent makes a major decision without the other, the court can penalize them.
Physical Custody
Physical custody refers to a parent’s right to spend time with their child. It also includes a parent’s right to share a home with the child and care for their day-to-day needs. California physical child custody arrangements can include the following:
- Joint physical custody—children spend substantial time living with each parent; and
- Sole physical custody with visitation—children live primarily in one parent’s home, and the other parent typically has visitation rights.
Joint physical custody does not necessarily mean each parent splits custody rights 50-50. It just means the parents will share physical custody in a way that ensures the children have “frequent and continuing contact” with both parents. The exact schedule depends on your individual circumstances.
How Much Do Custody Lawyers Cost?
Many factors determine the cost of a child custody lawyer. Significant factors include the complexity of your case, whether it is contested, and how long it takes to resolve the issue.
The fee structure can also impact the cost of your case. Generally, California attorneys use one of two methods to bill clients: an hourly rate or a flat fee. Hourly rates for California divorce attorneys can range from $300 an hour to as much as $950 per hour. With a flat rate method, the attorney charges a flat rate for particular services, which can be tailored to your specific needs. Flat rate billing typically costs less than hourly billing.
Speaking with an experienced attorney is critical. They can help you understand your legal rights and represent you in court. When you meet with an attorney, be sure to ask about their fee structure.
Gramling Law Group Can Help
The Gramling Law Group will handle your California child custody case with compassion, sensitivity, and skill. We have extensive experience working with families on their child custody issues.
Our legal team will seek a practical solution that resolves your case as soon as possible. We will take your calls day and night and won’t leave you in the dark. Our firm also offers flat rate pricing, which results in lower fees for most clients. Please contact us today for a free consultation.
California Child Custody FAQs
Child custody can be one of the most difficult and emotional issues parents experience. They can arise in the context of a divorce or when unmarried parents choose to live separately. In either instance, parents often have many questions regarding child custody. Below, we’ve provided answers to some of the questions we hear most frequently. For more information or to discuss your situation with a Loma child custody lawyer, call our office today.