Sole legal custody means that you will have the “right and the responsibility to make the decisions relating to the health, education, and welfare of a child” according to CA Family Code Section 3006. This generally means decisions regarding where your child or children will go to school, who will be their pediatrician, and other decisions regarding the well-being of your child.
California family laws about sole legal custody are set up to assure the health, safety, and welfare of children and frequent and continuing contact with both parents, and to encourage parents to share the rights and responsibilities of child-rearing, consistent with the best interest of the child. A court has the authority in awarding the custody of a child. Court’s can order joint legal custody to both parents or sole legal custody to one parent alone. In certain circumstances, the court may not consider a party’s absence or relocation from the family residence as a factor in determining child custody or visitation. A court considering custody or visitation issues is encouraged to make a custody or visitation order that is are in line with any protective or restraining order that concerns the parties or the minor child, unless the court makes specific findings as to the facts surrounding the parties and the minor child.
The biggest consideration in determining the custody of, or visitation rights to, a minor child is the welfare and best interests of the child. In proceedings where the custody of minor children is involved, the best interests of the children will be given primary and overriding consideration by the judge in the case. The judge will determine a parenting plan that is in the best interest of the child after he or she has heard all the evidence surrounding the case. A judge will look at all the circumstances bearing on the best interest of the minor child, mostly considering the circumstances that exist at the time of the determination, rather than those existing at the time of filing of the petition or at some earlier date. There is no fixed scientific formula for the care of children, and no one standard of what makes up the child’s best interests, but there are many factors that a court will consider. The following is a breakdown of some of the factors.
Obtaining a sole legal custody order can be difficult. Most often judges will grant joint legal custody. However, if there has been domestic violence, child abuse, or other severe circumstances, the judge in your case may grant a sole legal custody order if it is in the best interests of your child.
Taking dispute resolution classes will help you know what to expect, but for cases like this you need an attorney who knows what they are doing. It’s important for you to hire an experienced, local family law attorney that is familiar with the judges in your area. Child custody lawyer Michael S. Carrillo has handled countless child custody cases all over Los Angeles and Pasadena. He will fight aggressively for your case and will work with you to achieve your goals. Call our office today for a free consultation at (626) 799-9379.
