Is Sole Legal Custody Right in Your San Diego Divorce?

Divorce

It is never an easy decision to pursue divorce, and the process can often be complex and confusing especially when children are involved in the divorce process. With many high-profile celebrities battling over children in court during their divorce, custody of children can be a cloudy issue.

Generally, California courts prefer that parents come to an agreement about custody in which they share custodial roles. However, when parents cannot agree, then courts will step in and make custody decisions based on California law expressing factors for a court to consider in determining the best interests of the child. This will result in a custody arrangement that specifies both physical and legal custody terms.

What Is the Difference Between Physical and Legal Custody in San Diego Divorce?

Physical custody refers to where the children spend their time. A judge can grant either sole or joint physical custody, which will determine where children spend their time. Even when a judge grants joint physical custody, it can often be difficult to split time directly in half and children will often end up spending at least a little more time with one parent, who is sometimes referred to as the custodial parent.

Legal custody refers to a parent’s right to make important decisions in the child’s life about things like:

  • School
  • Medical needs
  • Extracurricular activities, including summer activities
  • Religious activities
  • Where the child will live

Legal custody can also be sole or joint. With joint legal custody, parents will share the ability to make these decisions. In cases where sole legal custody is granted, only one parent will make these decisions and does not need the approval of the other parent.

When Is Sole Legal Custody Awarded in a San Diego Divorce?

California courts prefer that parents share important decisions about their children. However, that may not always be practical given the individual circumstances of your divorce. Courts may award sole legal custody in a variety of situations that might include cases where one parent has a radical approach to health care or religion, or where one parent is substantially absent from a child’s life.

Generally, courts reserve awarding sole legal custody for situations where one parent is potentially unfit to make important legal decisions about their child. In all cases, courts will refer to standards that help them determine what type of custody is in the best interest of the child.

Is Sole Legal Custody Right for You?

Determining whether sole legal custody is the right option for you and your children will depend on your unique circumstances. Your California divorce attorney can help you evaluate various factors that can help you determine whether sole legal custody might be appropriate. However, the decision to pursue sole legal or sole physical custody is ultimately up to you.

If you are considering divorce or have already made the difficult decision to pursue divorce and have questions or concerns about how custody may be decided in San Diego County, contact JWB Family Law to schedule a free consultation where you can find out more information about custody determinations and what they might mean for you.

Getting divorced in San Diego County? Call us today. 619.234.6123

Schedule a free 30 minute consultation with JWB Family Law

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property:

San Diego domestic violence resources

As in other counties in California, San Diego has resources you can contact to help you in a domestic violence case. A nd a dedicated family law and divorce attorney can help you legally enforce your separation from an abusive partner.

Military spouse benefits after a divorce

It is important to discuss all these topics with the military spouse divorce attorneys you retain to help guide you through the dissolution of your marriage. Military family law can be complex when it comes to divorce.

What not to post on social media during your divorce

Anything you post on social media during a divorce can, and likely will, be used against you in your dissolution proceedings. It is extremely important to avoid posting about getting divorced on all your social media profiles because anything that can be construed...

Helping a friend through divorce isn’t easy

A person going through a divorce is often dealing with the loss of time with their kids, a portion of their retirement, their house, and even relationships with their in-laws.

Child custody during the divorce process

There are two types of custody: legal and physical.