Many people know that there is nothing more important in a person’s life than their children. When you go to a custody dispute, it may be the toughest time in your life because you may have questions. Will your child be taken from you? How much time will you have to be with your child? Who is going to make decisions about your child’s welfare?
The first thing you need to know is that there are two types of custody in California: legal custody and physical custody. Unless you know the difference between the two, you can not prepare yourself for a court battle. Legal custody in California has to do with who will make the decisions as to the health, education and welfare of your child. That means who will decide where they go to school, what religion they will follow and what extracurricular activities they will do it school.
According to DivorceNet, the court has to decide which parent will have legal custody. In the vast majority of cases, the courts rule that both parents should share legal custody. That means both parents must work together to decide those critical things. The court normally will say both parents must decide, and if they can not decide, then the judge will step in. So do not expect that if you go through a custody battle, that you are going to get control over the legal issues such as that rarely happens.
Physical custody is completely different. Physical custody refers to the percentage of time each parent has with the child. The general rule in California is that a 50/50 split is the best. The court wants both parents to spend a lot of time with their children.