Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. With joint legal custody, either parent acting alone may exercise legal control of the child unless the Court specify the circumstances under which the consent of both parents is required in order to exercise legal control of the child. 

 

Understanding the Different Types of Custody

The decisions you make today can impact not only your future but also your child's future. At Wan Law, we understand the challenge of making the right decision for your children while maintaining your personal wishes. We take a client-centered approach and look for every possible route that offers the most ideal outcome. Whether you are facing a simple or complex custody matters, we can help guide your steps. Contact us at (925) 289-7989 to learn more about your options!

Need to Resolve a Child Custody Issue?

Sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. 

Joint Legal Custody

Sole Legal Custody

Sole Physical Custody

Joint Physical Custody

Custody & Visitation

Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education and welfare of a child. 

Joint physical custody means that each of the parents shall have significant periods of physical custody. Custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to the child's best interest and the public policy to assure the health, safety, and welfare of the child and the safety of all family members. The legislature has declared that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child. 

 

Rebuttable Presumption Against Perpetrator of Domestic Violence

There is a rebuttable presumption that an award of sole or joint physical custody or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child.

 

What is the Best Interest of a Child Determination?

In making a determination of the best interest of the child, the Court shall among any other factors it finds relevant, consider all of the following:

(a) the health, safety, and welfare of the child

(b)(1) any history of abuse against a child by the person seeking custody

(b)(2) any history of abuse against the other parent by the person seeking custody

(b)(3) any history of abuse against a current spouse, cohabitant of the parent, or a grandparent by the person seeking custody 

(c) the nature and amount of contact with both parents

(d) the habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.

 

What is Child Abuse?

"Abuse against a child" means "child abuse" as defined by the California Penal Code. It includes physical injury or death inflicted by other than accidental means upon a child, sexual abuse, neglect (i.e. the failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision), the willful harming or injuring of a child or the endangering of the person or health of a child, and unlawful corporal punishment or injury inflicts upon a child resulting in a traumatic condition.

Whether there has been any history of abuse or habitual or continual use of controlled substances by your spouse, if you are struggling with a child custody or visitation issue, call (925) 289 7989 today and start getting the advice and assistance you need.