Types of Joint Custody
Taking Action with a Family Attorney in Riverside
divorces, mothers were most likely to receive primary custody of the child. This
was due to a deeply entrenched belief that mothers were simply more capable
parents. Over the years, however, this stereotype has been dispelled as
more and more, fathers are receiving the portion that they deserve in
post-divorce parent responsibility. This has created a shift in the way that
child custody is handled.
While sole custody was almost always the direction in which the court headed,
now with focus being placed equally on both parents, it is not always
the first solution that is come to. Studies have proven that children
benefit from having constant and consistent exposure to both parents and
courts are quick to make decisions that will benefit the best interests
of the children.
Therefore, joint custody is becoming more and more of a prevalent solution
to child custody situations. In joint custody, parents share both
legal custody and
physical custody, coming to a unique outcome that allows for the child to spend time in
both household and for both parents to have a say in the raising of the child.
California Family Code Guidelines
If a divorce is contested and ends up in court, the court will be able
to define what the best interest of the child is, as well as frequent
and continuous contact. California family code § 3020 details "safety
and welfare" which is where we get the principle of the child's
best interests. Some things that will be evaluated are what kind of jobs
the parents have, the emotional bonds that the children have with each
parent, etc. If it is determined that each parent is fit to parent and
that would be in the best interest of the children, then each parent will
be given partial custody, rather than one parent receiving custody and
the other visitation. Keep in mind that joint does not mean equal. Simply
because a court decides that both parents will have custody does not mean
that time will be equal.
Does Joint Custody Mean Equal Child Support?
Both parents will be equally responsible for making decisions in the child's
life as well as providing financially for the child, but the court may
not decide upon a 50/50 custody. An equal split would be considered shared
parenting. This is also commonly referred to as collaborative parenting
or balanced parenting. Joint custody does not necessarily have to affect
child support payments. While collaborative parenting would be an equal
split of all parental responsibilities, joint custody parents could also
have unequal child support obligations. This may be decided because one
parent has a higher income or other financial factors.
At Hanson, Gorian, Bradford & Hanich, we know how difficult a divorce
can be – for parents and child alike. Should you choose to work with a
Riverside divorce lawyer from our firm, you can rest easier knowing that we will work to provide
you with sophisticated, discrete and professional assistance when it is
needed most. We know the importance a child is to a parent – you
can trust that our attorneys will do everything possible to help you come
to a solution that not only suits you, but also protects the best interests
of the entire family.
Learn how a child custody attorney in Riverside can help you:
call our firm today and request a
free initial consultation!