Salinas Child Custody Attorney

How to Get Full Custody of Your Child in CA

Child with parent - full custody in CA

In California, both biological parents have visitation rights to their children. After a divorce or separation, a parent may seek sole or joint custody from the courts based on a number of circumstances. It is the judge’s job to decide what is in the best interest of the child in question.

Our child custody lawyers can assist you with your child custody case. Call (888) 315-0588 today for a free consultation.

Why Should I Hire an Attorney?

Because family situations can change, it is important to have a legal plan in action for the visitation of your children. While parents should agree on custody, complexities can arise from changing family dynamics. Having a plan that has been approved by a judge will help in future situations where custody issues may arise.

An experienced family lawyer from Lavorato & Scott can assist you through the legal process of your child custody case, helping your family mediate both contested and uncontested legal proceedings.

California courts will evaluate custody cases based on the following criteria:

  • Health and welfare of the children
  • Benefits of contact with parents
  • Children’s preference
  • Stability of the home

Types of Child Custody in California

Child custody matters in California can be complex and emotionally charged, but it's essential to understand the different types of child custody arrangements to make informed decisions for your family. In California, there are two primary types of child custody: legal custody and physical custody, each with subtypes.

Legal Custody:

Legal custody refers to the authority to make important decisions about a child's upbringing, including education, healthcare, and religious upbringing. California recognizes two main forms of legal custody:

  • Sole Legal Custody: In this arrangement, one parent is granted the exclusive right to make significant decisions for the child. The other parent may still have visitation rights but lacks the authority to make key choices regarding the child's well-being.
  • Joint Legal Custody: This is the most common form of legal custody in California. Both parents share the responsibility and authority to make important decisions for the child. Even if the child primarily lives with one parent, both parents have equal input in decision-making.

Physical Custody:

Physical custody pertains to where the child lives and spends their time. California recognizes different physical custody arrangements:

  • Sole Physical Custody: In this scenario, the child lives primarily with one parent, and the other parent may have visitation rights. The child's primary residence is with the custodial parent, and the noncustodial parent typically has specific visitation schedules.
  • Joint Physical Custody: Under this arrangement, the child spends significant time living with both parents. Joint physical custody aims to provide the child with equal or substantial time with each parent. However, it doesn't necessarily mean a 50-50 split; the schedule can be flexible to accommodate the child's needs.

You Have Options

A judge may decide on legal or physical custody for one or both parents. Legal custody refers to a parent’s authority in major decisions about a child’s life, while physical custody refers to which parent a child will live with. The California family court favors joint custody when both parents agree, but negotiations can occur both inside and out of court.

If you are going through a child custody matter in California, contact a lawyer at Lavorato & Scott for assistance. Our combined years of experience can help achieve your desired custody situation.

The first step to success starts with listening to our clients.

Schedule a Case Evaluation Today

Send My Information