Obtaining Physical Custody
What Is Physical Child Custody?
When considering child custody, most people are thinking of physical custody.
This is different from
legal custody which deals with the actual decisions that a parent will face when raising
a child - such as religion and schooling. Physical custody is a little
more basic - it deals with the actual geographical location of a child.
A parent who has physical custody will typically be considered the custodial
parent and will have a child that lives with them.
Work with a certified family law specialist:
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In many situations, a court will award what is known as
joint custody. In such situations, both parents will set up a schedule where the child
will split the time spent at both parent's homes. This is usually
easiest done when the parents live in close proximity with each other
as the child can then attend the same school and maintain the same support
group. If sole custody is awarded, however, the court will often work
with the non-custodial parent to establish a
visitation schedule so that the child can spend time with both parents.
Physical Custody vs. Visitation
It is important not to confuse custody with visitation. Simply because
you and your spouse have agreed on the times when you can see your children,
does not mean that you have custody. The main difference between custody
and visitation is responsibility. Those who have custody of their children
retain the rights to make decisions about the child's future and wellbeing.
Those who simply have visitation rights can see their children, but have
no say in their lives. A
Riverside child custody lawyer can from our firm help you work toward a favorable custody arrangement.
What Are the Differences Between Joint Custody and Sole Physical Custody?
In California, and in most U.S. states, parents can either have joint physical
custody or sole physical custody. Joint physical custody is a court order
that allots specific dates when children will live with either parent,
and it gives each parent the responsibility to make decisions regarding
the child's future.
In the state of California, one major difference with joint physical custody
is that each parent does not necessarily have to have equal parenting
time. While both parents have the right to have their children under their
roofs, the court does not have to split this time equally, although sometimes
that is what can happen. There are two major phrases to take into consideration
when attempting to gain custody of your children. The first is "significant
periods" and the other is "frequent and continuous contact."
Custody agreements use these phrases to describe how often each parent
will be allowed to have custody of their child. As you can see, there
are no concrete numbers attached to these phrases, which is why parents
typically end up in court to decide what is a significant period and how
often is "frequent."
Retain a Riverside Child Custody Lawyer!
If you are currently fighting for custody in a
divorce, do not hesitate to turn to the legal team at Hanson, Gorian, Bradford
& Hanich. With years of experience and an unwavering dedication to
the success of clients, you can breathe easier knowing that you will have
a heavyweight who will go the distance in their efforts to protect not
only you, but your child as well. Contact our firm today and learn more
- not only about the situation that you are involved in, but the different
ways in which we will be able to help.
Get our divorce attorneys on your side:
schedule a free consultation today!