Sacramento, CA asked in Divorce, Child Custody and Family Law for California

Q: I filed for a divorce and I have children with him, they have lived with him. I am asking for joint legally and physical

I need some advice

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have filed for divorce and you have children with your soon-to-be-ex-spouse, there are several important things to consider when it comes to child custody.

First, it's important to understand that in California, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, including decisions related to education, healthcare, and religion. Physical custody refers to the right to have the child physically present with you.

If you are asking for joint legal and physical custody, this means that you want both you and your soon-to-be-ex-spouse to have an equal say in making decisions about your children's upbringing, and you want the children to split their time between living with you and living with your soon-to-be-ex-spouse.

When making decisions about child custody, California courts prioritize the best interests of the child. Factors that may be considered include the child's age and health, the relationship between the child and each parent, the ability of each parent to care for the child, and the child's ties to the community and school.

It's important to note that child custody can be a complex and emotionally charged issue. It's recommended that you consult with a family law attorney who can advise you on your legal rights and options, and help you negotiate a custody agreement that is in the best interests of your children. Additionally, you may want to consider working with a mediator or family counselor who can help you and your soon-to-be-ex-spouse come to an agreement on child custody outside of court.

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