What Types of Child Custody Arrangements are Available to Me in California?

Once the painful decision to divorce has been reached, parents’ immediate concerns are naturally for their children and what will happen to them. While it is a stressful time for everyone involved, Bains Law Offices recognizes and values how important it is for your children to be allowed to spend as much quality time as possible with both parents. We are passionate about providing incomparable legal services to meet your family’s needs.

The five types of custody arrangements available in California include: 

  • Joint legal custody- parents maintain equal rights to make meaningful choices about the children’s schooling, healthcare, and other significant decisions about upbringing. 
  • Joint physical custody- Both parents spend a significant if not equal, amount of time with the children. This ensures that both parents maintain a strong bond with the children despite the divorce. 
  • Joint custody- Both parents maintain communal legal and physical custody rights. 
  • Sole legal custody- Only one parent is authorized to make crucial decisions for the children
  • Sole physical custody- Only one parent retains physical custody of the children, while the other parent spends time with them during their scheduled vacation time. 

Every family is unique, and each family has its journey. Divorce does not change that. Bains Law Offices will work tirelessly to help your family achieve the most appropriate custody arrangement for your situation. Call 559-282-8924 for a no-obligation consultation. 

What Factors are Considered in Custody Arrangements?

In California, the courts consider many factors in child custody orders. Generally, courts prefer custody arrangements in which the parents are willing to work together in the best interest of their children despite any hostility between the two divorcing parties.

The courts consider the children’s wishes in custody cases as often as possible. The judge will consider the children’s ages, maturity, and judgment when factoring these preferences into custody arrangements.

What Effect Does Military Service Have on Parenting Plans in California?

One of the more complex situations in modern life in the United States happens when one of the separated spouses is enlisted in the armed services. As a military family, you may already be familiar with your family member deploying and the necessity of being away from the family for long periods. It is natural to be concerned about how these absences may affect your ex’s ability to effectively co-parent once you have separated, given that the time you will each have with your child(ren) may be more limited than before. The compassionate and experienced legal team at Bains Law Offices understands how difficult this transition is for families, and we will guide you through the complex process of California’s family law.

In a perfect world, a service member would work together with their co-parent before deployment or relocation if a modification to the parenting plan was required. Since it is rare for divorced couples to work these details out smoothly without contention, our lawyers are available to help you.

Are There Specific Laws About Military Custody Rights in California?

Currently, all 50 states have at least one provision protecting service members in child custody provisions. California Family Code § 3047(a)2 § 3047(b)(1), § 3047(b)(3)(C), (b)(3)(D) covers parenting plan/custody modification and visitation requests due to military deployment. It states that deployment alone is not enough for a modification request to be granted by itself; however, if the service member has sole or joint custody and can prove that the deployment or relocation will have a significant effect on their ability to effectively co-parent or use their visitation rights, a modification to the parenting plan may be granted. The child Custody lawyers at Bains Law offices can help you determine the path forward.

How Do We Create A Fair Parenting Plan in California?

There are seven essential components to a successful parenting plan. Until a formal plan is adopted and agreed upon through the court, parents should strive to create a provisional plan so that their children are cared for, and their needs are appropriately met. The seven parts are: 

  • General Custody arrangement
  • Who will make the day-to-day emergency decisions regarding the children’s welfare
  • Time-sharing
  • Additional visitation
  • Information sharing—How will communication regarding school events and other important information be shared between the two parties to limit conflict as much as possible? 
  • Transportation- Particularly, who is responsible for transporting children between visits from each parent and to and from various extracurricular activities.  
  • There may be other aspects about child support, relocation, and jurisdiction of the agreement depending upon how long it is in place and whether or not it is formalized. 

Every family is unique, and even in divorce cases, they want all their needs addressed with calmness and clarity. Ultimately, the best interests of your children are served when solutions can be found as quickly as possible. If you or your ex is a service member, we understand it can be more complex than usual. The distances involved often make things more challenging. Ultimately, the kids are what matters. The family law team at Bains Law Offices is dedicated to ensuring that you stay informed of what is happening with your case at all stages. We protect your rights. We get the results you deserve. Call Bains Law Offices at 559-282-8924 for a no-obligation consultation.