Supporting your child
Being there for your child is important. Whether you are the custodial parent or you have visitation, you can find a resolution that is fair and provides the best situation for your child. The court process can be difficult, but with patience you can get through it .
What will happen to our children if we separate?
Both parents are entitled to have custody of the children as stated in California Family Law Code Section 3010.
(a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child.
However, prior to going to court and getting an order that will be recognized by schools, doctors, and the local law enforcement custody is similar to football, whichever parent has possession of the child controls their care and well-being. Public and private institutions/providers will request legal documentation such as birth certificates and court orders once they learn parents are separated.
When you go to court and request a custody order the family law code uses a two part legal definition to compartmentalize the control and care of your child.
Two types of custody:
Physical custody means who the child lives with most of the time;
Legal custody means who can make decisions about the health, education and welfare of the child.
The physical and legal custody of the child may be “sole” or “joint.”
Sole physical custody means that the child will live with one parent. The court usually orders the other parent visitation rights to the child.
Joint physical custody means that the child will take turns living equally with each parent.
Sole legal custody means one parent makes the decisions relating to the health, education, and welfare of the child without asking permission of the other parent.
Joint legal custody means both parents share the right to make decisions relating to the health, education, and welfare of the child. In an emergency, either parent can make decisions if he or she has to.
Visitation (also called “time-share”) is the detailed plan for how the parents will share time with the children. A parent who has the children less than half of the time generally has visitation with the children. Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors.
See more free, public information at the California Court Website and the California Self-Help Website.