In California, physical custody generally refers to the household where a child lives and the parent who has direct supervisory responsibility for that child. During a divorce, physical custody is often a hotly debated issue, however, agreements must be reached before the dissolution of a marriage can be finalized. At the Gill Law Group, PC, we know what you are going through and we can work with you closely through each step of the child custody process. Our Irvine divorce attorneys are dedicated to helping clients prepare for what lies ahead so that they may make the most informed decisions for their families.
Are you involved in a battle for physical custody of your child? Request a consultation with our firm today and learn about your family’s legal options.
Along with issues such as legal custody, a judge will base decisions on what is in the best interest of the child. Courts in California generally recognize the benefit of both parents playing an active role in a child’s life. For this reason, there is a strong presumption to award joint physical custody whenever possible. Sole custody agreements are typically only considered when one parent represents a danger to the wellbeing of a child, such as in cases of domestic violence. However, sole physical custody does not preclude the possibility that the non-primary parent may be awarded visitation rights.
When awarding physical custody, a judge may consider numerous factors including:
Once an agreement is set in place, modifications are possible, but difficult to achieve. Typically, the parent requesting a modification of custody must show that a significant change in circumstance has occurred that directly affects the life of the child. Parental preference alone may not be enough to move a judge to action. For example, if one parent’s job transfers them to a new city, the current physical custody agreement may no longer be feasible and a modification may be in order.
If you are currently going through a child custody dispute and you want to learn more about your legal options, our Irvine divorce attorneys can help. Family law can be confusing and you are likely to have many questions. How can I best prepare for court? If I move, will it affect physical custody? What happens if mediation breaks down? At Gill Law Group, PC, we can help you to understand each aspect of your case as well as the hurdles that your family may face.
Contact our firm today and rest assured that your case is in compassionate, knowledgeable, and experienced hands.