Dealing with child custody disputes can be draining, and one of the most difficult parts of the divorce process. Often times, fathers worry about possibly losing time with their children, or putting a strain on the connection they have. While this is completely valid to worry about, luckily California law operates in a way that might be somewhat reassuring.
The state highlights that it prioritizes the well-being of the child, and how that’s the single most important focus. California is also a gender-neutral state which means it doesn’t favor either parent during the divorce process. This allows for joint custody to be much more likely, rather than full custody being granted to one singular parent.
Main Factors Considered During the Divorce
Under California Family Code §3011, the court is required to consider multiple factors including the following:
- Child’s health and safety
- History of abuse by either/both parents
- The child’s relationship with either parent
- The parents’ history of substance abuse
The main goal of the courts is to be able to grant frequent and continuous contact
amongst the child and both of their parents as much as possible. Being able to show that you are a stable and consistent parent for your child is essential in terms of your case resulting in your favor.
Types of Custody in California
There are two main types of custody used in California. These are legal custody and physical custody. Legal custody pertains to decision making for the child such as their healthcare, education, etc. Physical custody has to do with where the child actually lives for a majority of the time. There can be joint arrangements or sole arrangements for both of these custody types. Joint arrangements mean both parents have a say, while sole arrangements mean one parent has a say. San Diego as a city typically favors joint arrangements as much as possible unless safety issues are present.
Visitation
Visitation, also known as parenting time, is something completely separate to actual custody. If a parent is not awarded custody, then they can still be awarded visitation rights. Typically, these visitation schedules fall into certain categories. There are supervised visitation sessions which usually only happen due to specific circumstances, regular visitation rights which usually mean sharing weekends and alternating holidays with the child, and reasonable visitation which are agreed upon by the parents ahead of time.
Being consistent and showing the ability to cooperate is very important in terms of what the court values.
Changing Custody or Visitation Orders
Either parent can always request that there be a modification to their custody or visitation agreement. Examples can include if one parent relocates, the child’s schedule changes, etc. As the father, it’s important that you file motions through your legal counsel properly and avoid verbal agreements as much as possible. Having that legal guidance throughout this process will help reassure that you have the child’s best interest in mind and highlight your ongoing role as the father.
Typical Challenges that Fathers Face
Even though California operates as a gender-neutral state, the perception of how you come across, along with the proper preparation still matter. This is why it’s so important to be as organized as you can while documenting everything relating to the relationship that you have with your child. In addition, having a level of respectful communication between you and your spouse in matters pertaining to your child will only further benefit you when the court gets involved. The bottom line here is that you should try to stay as calm, child-focused, and proactive as possible.
Legal Support in San Diego
Don’t go through this custody journey alone. To ensure you are represented fairly, it’s essential that you have a legal team that puts your best interests first. Men’s Legal Center in San Diego is here to offer you a free case review, where a group of experienced attorneys will provide their necessary service in a timely fashion.