Child Custody & Visitation
Can a Parent Seek Full Physical Custody in California?

Can a Parent Seek Full Physical Custody in California?

Date: Feb 21, 2024
In: Child Custody & Visitation

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Can a Parent Seek Full Physical Custody in California?

Child custody holds immense importance in the field of family law. Many parents often wonder if obtaining full physical custody is feasible in California. However, the answer to this question is not as simple as one might expect. It largely relies on several factors and circumstances. At Miranda, Magden &. Miranda, LLP, our experienced family law attorneys, can guide you through the process of seeking full physical custody in California when that is in the best interests of your child.

Factors Considered for Custody Determination

When it comes to child custody determinations, California courts prioritize the best interests of the child. This means that all decisions regarding custody arrangements are made with the goal of promoting the health, safety, and welfare of the child. In order to determine the best interests of the child, courts consider several factors, including:

  • The child’s age, health, and overall well-being.
  • Each parent’s physical and mental fitness to care for the child.
  • The relationship between the child and each parent.
  • Any history of domestic violence or abuse by either parent.
  • The child’s preference, if they are of a mature age and capable of making an informed decision.
  • The capability of each parent to provide for the child’s needs, including emotional support, education, and medical care.
  • Any other relevant factors that may affect the child’s best interests.

Legal Vs. Physical Custody

There are two distinct types of custody in California: legal and physical. Legal custody pertains to the decision-making authority over important aspects of the child’s life, such as education, health, and welfare.

Physical custody determines where the child will live. Both these custody types can be either sole or joint. Sole custody implies that only one parent has custody, while joint custody means that the parents share custody.

Role of Precedents

Precedents play a significant role in custody decisions. Courts may rely on previous judgments in similar cases to guide their decisions. However, each case is unique, and the specific circumstances of each family can lead to different outcomes.

Consult with Experienced Family Law Attorneys

While it is legally possible for a parent to seek full physical custody in California, the path to achieving this is intricate and challenging. The child’s best interests are always at the forefront, and various factors, including the current legal landscape and recent changes to the law, can significantly impact the outcome.

It is advisable for parents seeking full physical custody to consult with experienced family law attorneys, such as those at Miranda, Magden & Miranda. Our team is adept at navigating these complex waters, providing crucial legal counsel, and advocating for our clients’ interests in court. We understand that every family’s situation is unique, and we tailor our strategy to suit the needs of each client. Contact us today to schedule a consultation and learn more about your options for seeking full physical custody in California.

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