Divorce With Kids in California – What You Need To Know

Aug 19

, Carroll Law Office

Facing the emotional, financial, and personal turmoil of a divorce is difficult, especially when children are involved. As a parent, you strive to protect and care for your children, but legal issues involved in divorce cases can make that hard to do. It is important to understand your legal rights as a parent and what steps you can take in the midst of a divorce to fight for your children, as well as to understand the laws surrounding divorce with kids in California.

There are many complex aspects involved in a divorce case with kids. These cases can be more complicated than simple divorce cases because the court must consider the interests of the children with every decision made. Because of this, it is important to work with a family lawyer who has experience in similar cases and who can advocate for you and your child.

Understanding Child Custody in California

In settling the terms of a divorce with children, parents must address what is known as custody. There are two main forms of child custody in California: legal custody and physical custody.

1. Legal Custody. Legal custody awards a parent the responsibility of making legal decisions for the child, including decisions concerning healthcare, education, religion, and more.
2. Physical Custody. Physical custody awards a parent the right to have a child live with them or visit them. This parent is responsible for decisions that impact their child’s daily life, where they go, where they sleep, and more.

A judge will either award shared custody, which allows parents to split the responsibility of legal or physical custody, or they will award sole custody. When a parent is given sole custody, they are given the sole right to make certain decisions. An experienced family lawyer can help you determine and communicate clearly what your desires are concerning custody.

Elements Considered When Deciding Custody in California

A myriad of elements are taken into consideration when a judge makes a child custody decision. Some of the factors that will be considered by a judge concerning you, your spouse, and your children may include:

• Physical/Medical Conditions of Each Parent. Whoever is granted custody of your children, whether one parent or both, must be able to physically care for them. The court will consider both parents’ current state of health and ability to care for their child.
• Criminal Backgrounds. A judge will thoroughly look at the criminal history of each parent to ensure a child is safe when decisions are made.
• Living Conditions / Environment. Each parent who is seeking custody must have adequate space for their child to live with them, as well as living in a place that is suitable to meet their educational, religious, and other basic needs.
• The Child’s Relationship With Each Parent. While children are generally not old enough to voice their preferences in court, a judge will consider the child’s relationship with each of their parents to ensure no bonds are broken with a custody decision.

How Can a Skilled California Family Lawyer Help?

There are many ways in which a family lawyer can be of help to you during this time. Divorces are incredibly lengthy and complex legal processes that include many formalities and paperwork. It can be difficult to juggle all of these things alongside your daily routine of work and taking care of your children. Family lawyers can take some of this weight off of you and also provide support by handling the legal aspects of your case.

A skilled family lawyer also has experience with cases like yours and can provide you with guidance and advice every step of the way. They can help you file for divorce, draft child custody agreements and documents based on your needs, help you navigate getting the appropriate child support when necessary, and more. Don’t hesitate to see how the Carroll Law Office can support you through a child custody case.

FAQs

Who Typically Gets the Kids in a Divorce in California?

While many people assume that a mother always gets the children in a divorce, this isn’t always the case. All judges make their decisions based on what they believe is right for the children involved. Because of this, a judge will consider a great deal of factors to ensure they are not disrupting a child’s life too much with a custody decision. A parent’s income, where they live, and their relationship with their child can all impact a custody decision.

What Are a Father’s Rights in a Divorce in California?

The father’s rights in a divorce in California will vary depending on each father’s unique family situation. For example, rules may be different for a father who is the biological father of the children in question than they would be for an adoptive father. This may also be different if a father is unsure of his parental status as a biological father. Ultimately, a judge helps determine the parental rights of the father during a divorce.

What Is the Five-Year Rule of Divorce in California?

The five-year rule of divorce in California is that if you have been married to your spouse for less than five years and do not have any children together, you may be able to bypass many aspects of the general divorce process. This is called a summary dissolution. In cases such as these, you must also be able to agree on the terms of the divorce with your spouse. However, you cannot do so if you have children.

Does California Favor the Mother in a Divorce?

California does not favor the mother in a divorce. The goal of the court is to act on behalf of what is good for the child. Generally, a judge attempts to air on the side of joint custody when possible. Both parents are assessed as well as their ability to care for the child, their ability to provide necessities and aid, and their role in the child’s life. A judge will not consider the gender of each parent.

The Carroll Law Office: Your Child Custody Firm

Any divorce case can become overwhelming quickly, especially when your children are involved. Luckily, the Carroll Law Office is here to support you during this time and to guide you through the lengthy legal process ahead of you. We have experience in divorce cases involving children and can handle your case with compassion.

It is important to seek legal guidance as soon as possible. Contact the Carroll Law Office today to learn more about how we can be of assistance and to get answers to any questions you may have.