Child Custody

For those uninitiated, child custody is one issue they would rather not delve into. However, since divorce naturally brings with it the thorny problem of child custody and other attendant problems, people are now curious about certain aspects of it.

The following are some common questions asked by people who are not quite in the know. The answers are collated responses from some child custody lawyers.

Child custody laws are not the same in all the states in the U.S. The following answers are mostly in general terms inasmuch as they apply and/or recognized by the courts all over the country.

What is custody?
“Custody” means who is responsible for the children in cases when their parents do not live together. This applies to couples who are separated, divorced, or never married.

How is physical custody different from legal custody?
Physical custody means the child would spend time living with that parent on a regular basis. If it is a “joint physical custody”, the child shuttles between each parent’s homes.

If a parent has “sole legal custody”, that parent has the right to make decisions on the child’s health, education, and overall welfare (doctor, schools, etc). In “joint legal custody” both parents share the decisions.

How is a decision made?
The judge usually approves a custody plan agreed on by the parents. If they cannot, they will have to speak with a mediator or counselor to work out a plan. The judge will decide on any disputed issue both parties are unable to resolve.

Can a child still see a parent not awarded physical custody?
The court will order that the other parent is given generous visitation with the child. However, this might be restricted in cases of domestic violence, or the parent’s inability to care for the child.

What if the custodial parent forbids the child’s visit to the other parent?
The denied parent could ask the court for a “contempt” order. The custodial parent denying visitation will receive court sanctions. If it was proven to be done on purpose, the other parent will have grounds to have the child’s custody. The judge will first require the couple to work out things with the help of a mediator.

Can a custody arrangement be changed if it doesn’t work?
Parents can change a custody arrangement if it doesn’t work, provided they come up with a new plan and ask the judge to make it official. If the parents still disagree, they can ask the judge to do the changes. The judge’s decision will be based on the child’s best interests. This could be difficult if the child is well-cared for or the custody plan had been in place for some time.

Can anybody have custody over a child other than the parents?
In California, judges must first consider the parents first, either singly or together. A judge, however, may give custody to another person (a grandmother, step-parent, or a friend) without the parents’ consent. The consideration is if the judge believes child custody to either parent is detrimental to the child.