5 FAQs: Child Custody in California

Child custody cases are rarely easy for anyone involved, carrying the serious potential of forever changing the course of a child’s life. For anyone who’s experienced these cases, they’ll testify this is no exaggeration. Of course, some cases are harder, more controversial or argumentative than others. No matter the complexity or “simplicity” or your unique custody case, there is one thing that is necessary for all.

“For Corona family law participants, going to court can be one of the most daunting and emotional challenges a parent will fever face,” Corona family attorney David Wilkinson said. “Being prepared for court is essential.”

Wilkinson is a founding co-partner of Wilkinson & Finkbeiner, LLP. With offices across Southern California and one of the few lawyers deemed a certified specialist in family law under the California State Board, he and his team have decades of experience in family courts.

Now, his firm is tapping into their work as Corona child custody attorneys to help answer some of the most common questions for gaining custody of children after a divorce or separation.

Q. What is the difference between “physical” and “legal” custody?

Family courts are entirely separate from criminal courts; in all reality there are no “winners”. In fact, child custody hearings are not really about the people (parents) in the courtroom, but rather the children waiting behind closed doors. Legally, California demands cases involving children- custody, paternity, post-judgement- are to serve the child’s best interest. In doing so, parents are awarded various custody orders. Below is a simplified breakdown of custody definitions.

Physical Custody: The parent with whom the child lives with is awarded “physical custody”. If a single parent is awarded full custody, they have “sole physical custody”. However, the ideal situation in the eyes of the court is “joint custody,” meaning parents evenly share time with their children.

Legal Custody: This allows the parent to make decisions for the child’s safety, health and welfare including educational and medical decisions. Generally, both parents share joint legal custody. The only exception is if one parent proves to be incapable of making responsible decisions on behalf of their kid. If parents share legal custody and can’t agree, the court may grant one parent to make unilateral decisions relating to specific issues such as healthcare or schools.

Visitation: Whichever parent does not have physical custody will be granted visitation rights (exceptions may include abuse, etc). The visiting schedule, commonly referred to as the “parenting plan,” will outline regular and holiday visitation schedules.

Q. What does “best interest of the child” really mean in family courts and how is it determined?

Ideally, the best interest of the child is for both parents to have “frequent and continuing contact” with their children, also known as joint custody. However, courts are obligated to look at a variety of factors before awarding custody. Such factors include: parent’s mental and physical health, history of alcohol or drug abuse, prior involvement with parenting, current relationship with child, parent’s living arrangements for the child, and other such considerations.

It’s also important to note, any domestic violence and child abuse allegations will be taken seriously in family courts. Child psychologists may be brought in to speak with and provide their opinion for where the child should go; however, the judge does not need to follow their recommendation. Knowingly false allegations of abuse are equally as serious, ending with loss of custody and hefty fines.

Q. What is Child Custody Recommending Counseling?

Child Custody Recommending Counseling (CCRC) is a mediation session designed for parents who can’t agree on custody and visitation schedules. Prior to the meeting, both parents must complete an online course designed to pinpoint your child’s best interests. After meeting with both parents for one to two hours, the counselor will prepare a recommendation for the judge. It’s essential parents come prepared to this meeting, as the counselor’s advice is weighed heavily.

That said, there are a few options if you’d like to fight the recommendation. One, you or your attorney can orally disagree and prepare a bullet-point list of items to discuss with the judge. However, this is not the most effective option. Second, you can write a declaration explaining your objections. Third, you can cross-examine the counselor during your custody hearing; there are strict guidelines for this option your attorney should be able to explain in more detail.

Q. What can I expect to happen during the actual custody hearing?

For most child custody cases, most of the work is done before the actual hearing. Before the hearing begins, the court will review the CCRC report and in some cases may ask for a testimony. However, all parties should still be ready to answer any questions (with supporting proof) as well.

Depending on severity of allegations made and overall agreement levels of parents, hearing length vastly varies case to case. Typically, however, judges will declare orders on the same day. Following the hearing, both attorneys will prepare a formal “Findings and Order After Hearing” to legally document the custody orders.

Q. How do I find and hire an adequate attorney?

The trick is not simply hiring the best family law attorney in Corona, it’s hiring the best one for you. There are many qualified and successful lawyers, but they won’t all mesh with your personality or believe in your pursuit.

“For example, if you want to pursue a child custody case aggressively just because you want to ‘get back’ at the other parent, our office probably is not a good fit for you,” writes the Wilkinson & Finkbeiner Corona team. “While we often act aggressively...there is always a purpose to what we do.”

Everyone should meet with a few child custody attorneys- most, if not all, offer free consultations. During this time, you should thoroughly explain your situation and the attorney should go over some possible options and outcomes. If the attorney doesn’t ask about personal details or doesn’t provide a plan-of-action, it’s best to keep looking. Explore law firm websites, reviews from trusted sites like Avvo and Martindale-Hubbell and look for any stand-out qualifications, like Certified Specialists in Family Law, for example.

Perhaps stating the obvious, these frequently asked child custody questions are just the beginning. Hopefully, some of the terminology and brief explanations provide you enough confidence to make an informed decision during your free consultations. To keep your research going, read 5 Child Custody Myths You Should Never Fall For, next.

Image provided by: Toni Guyton (Flickr)