Child Custody and Visitation Issues in California – General Information

Child custody issues in California family law can arise through the initiation of proceedings for dissolution of marriage (divorce), legal separation, annulment, or paternity proceedings. Child custody issues can arise even if the parties are not legally separated, but live apart.

There are various child custody classifications in the state of California such as; Sole legal and physical custody, primary legal and physical custody, joint legal and physical custody, and no right to custody.

In the case of marriages, the father or the mother have the same right to custody of the minor children of the marriage, before a judicial sentence is handed down. If you are considering getting divorced, filing for divorce, legally separating, or living apart, it is very important to get court orders articulating your child custody rights as soon as possible. Without court orders, a child who, say, lives with the mother (or father) could be legally taken by the other parent in the absence of court orders. If you have minor children out of wedlock, it is important to file an order to show cause for child custody along with any petition for dissolution of marriage or legal separation paperwork so that you can obtain a court order articulating your rights to custody of the children .

The court focuses primarily on what is best for the child when determining who is entitled to what type of custody of a minor child of the marriage. Although it sounds simple, child custody and visitation issues under California law are quite complicated and should not be litigated without the help of an experienced attorney.

Formerly it was thought that children should be with their mother. However, today, the court considers many factors in determining who gets what type of custody of minor children. If you are a mother, you should not assume that you will automatically get custody of the children. If you are a father, you have the same chance of getting primary custody of the children.

Entire law books have been written on the subject of child custody.

If you have child custody issues in Southern California and would like a free consultation about your case, please call our law firm at 818-739-1544 extension 10 or you can click here to go to our family law website.

By Norman Gregory Fernández, Lic., © 2006