Child Custody

Our attorneys at Candelaria LLP are experienced in the areas of child custody, child support, and paternity law.

Facts of Child Custody and Visitation in California:

One of the most intricate and nuanced areas in family law revolve around child custody and visitation rights. Our attorneys have handled hundreds of child custody matters including abuse issues, move-away requests, and other issues relating to custody of children.

In California, child custody involves legal custody and physical custody. These two terms can often be misunderstood or confused.

Legal custody: refers to a parent's right and responsibility to make decisions regarding the child(ren)’s health, safety and welfare. Legal custody may be awarded to one parent, who will be the sole decision-maker for the child(ren), or it may be shared jointly between both parents to make decisions with a united front.

Physical custody: refers to whom the child(ren) will primarily live with. Physical custody may be granted exclusively to one parent or to both parents to split the time with the child(ren).

The court strives to have both parents involved in appropriate decisions in terms of the child(ren) so long as the parents have the capacity of using good judgment with the child(ren)’s best interest at heart. The court also seeks to allow both parents to have consistent and ongoing contact with the child(ren) if it is also in the child(ren)’s best interest. When both parents share legal and physical custody, it is known as “joint custody.”

In situations where one parent abandons the child, or is unable to take custody, the other parent has the right to petition for sole custody. Additionally, in circumstances involving child abuse, domestic violence, or any threat to the child(ren)’s health and safety, California courts may deny custody or visitation rights.

Third-Party Visitation Rights:

In some cases, a biological parent may not be able provide adequate care for the child(ren) because they are unable or unfit. In these situations, California law allows for third parties (including non-blood relatives) to seek custody of the child, provided they have a pre-existing relationship with the child. Third-party custody cases can be very complicated and should be handled by a knowledgeable attorney.