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9. Drug or Alcohol Use Is Not Enough for Sole Custody. 10. Filing a Request to Move with a Child is Risky. 1. Joint Physical Custody Does Not Mean 50/50. Under California child custody laws, "joint physical custody" does not automatically mean 50/50 parenting time. California Family Code Section 3004 states:
Parenting time (or visitation) can be open, with a schedule, supervised, or none. There are 4 main types of parenting time orders: With a schedule. Often, it helps parents and children to have a set schedule with the dates and times that the children will be with each parent. The schedule can include holidays, special occasions (like birthdays ...
It's important to note that joint physical custody doesn't necessarily mean a 50/50 split in time. The child might spend slightly more time with one parent than the other, but as long as both parents have a substantial amount of time with the child (typically at least 35% of the time), it is considered joint physical custody under California law.
Jeremy N. Roark has exclusively practiced family law in the Inland Empire for over ten years, specializing in divorce, child custody, support, asset division, and domestic violence cases. Certified as a Family Law Specialist by the State Bar of California, Jeremy is recognized for his legal competence and has received the Terry D. Bridges Outstanding Attorney Award.
Aug 20, 2023 · Legal custody in California is the right of a parent to make important welfare and legal decisions for their child. This includes decisions regarding: Healthcare and medical treatment. Education and extracurriculars. Religious upbringing. Living and housing. Legal custody is one part of custody determinations in California.
The first thing to know about custody in California is that both parents have an equal right to custody under the law. (Cal. Fam. Code § 3010 (a) (2024).) There are two types of custody in California: "legal custody" and "physical custody." With each type, parents may have "joint custody," or one parent may have "sole custody."
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Jul 11, 2023 · 50/50 custody is about making sure that there is an even split in time with the kids for both parents. There is plenty of flexibility around what kind of schedule that the parents can put together. However, it must be said that the judge will look to ensure that the welfare of the child is considered first.