When a couple decides to get a divorce, one of the biggest concerns is who will get custody of the children. In California, the courts do not automatically award custody based on the age or sex of the children. In addition, the courts cannot deny you custody because you weren’t married to the other parent. Nor can they deny you custody because of your religious beliefs, sexual orientation. a physical disability or lifestyle choices.

If you have any questions about child custody in California, contact the law offices of Terrence L. Howell. Torrence L. Howell is a Family Law Attorney in Upland, CA who is dedicated to defending the rights of his clients in disputes over custody. He’ll ensure the judge considers all the factors in your favor when determining child custody rights.

How Child Custody Is Decided in California

In California, the court can award custody to one or the other parents, or both. In most instances, the judge will approve a parenting plan arrangement that both parents agree to. However, if the parents are unable to come to an agreement the judge will make a decision.

California state law says that a judge must base their decision on what is in the best interest of the child or children. To make their determination, the judge will consider factors such as:

• The age of the children,
• The health of the children,
• The ability to care for the children,
• The emotional ties between the children and their parents,
• Any history of family violence or substance abuse, and
• The children’s ties to their school, home, or community.

The judge usually waits to make their decision until after the parents and their legal representatives have met with a mediator from Family Court Services. In addition to child custody, the judge will also determine visitation rights and the amount of child support to order.

The Two Kinds of Child Custody in California

There are two kinds of child custody in California: legal custody and physical custody. Legal custody gives the parent(s) the right to make decisions about their children’s schooling, daycare, religious activities, sports participation, health care, travel, and residence. Physical custody determines which parent(s) the children will live with.

Custody can be joint (both parents share responsibility) or sole (only one parent has custody), based on the court’s decision. Sometimes, a judge will give parents joint legal custody, but not joint physical custody. The parent who does not have physical custody is usually granted visitation rights. In some circumstances, such as when both parents are unfit to care for their children, the court will grant custody or “guardianship” to someone other than the parent.

Speak With a Family Law Attorney in Upland CA

If you’re getting a divorce in Upland, CA, it’s important to protect your rights when it comes to child support, child custody, and child visitation. Contact the law offices of Torrence L. Howell without delay. As a leading Family Law Attorney in Upland, CA is familiar with the state’s laws when it comes to awarding child custody and visitation rights. He can help you and your spouse to come to an equitable custody agreement; if this isn’t possible, Torrence will aggressively represent your interests in court.

Contact the law offices of Upland, CA family law attorney Torrence L. Howell through our website, or call us at (909) 920-0908 to schedule a free consultation to discuss your case.