When married parents get divorced, or when unmarried parents are separated, they will need to settle a variety of legal issues related to their children. Disputes over child custody can often become heated and contentious, and parents may disagree about how they will make decisions about raising their children, where children will live, and a variety of other matters. When addressing these matters in family court, the decisions made will be based on what is in the children’s best interests. Multiple factors may be considered by the court, including the preferences of the children.
When Can Children’s Opinions Be Considered in a Child Custody Case?
There are two types of custody that will need to be addressed by divorcing or separated parents. Legal custody involves the right and responsibility to make decisions about children’s health, welfare, and education, while physical custody addresses where children will live and the time they will spend in each parent’s care.
In most cases, California’s family courts usually prefer to have parents share legal custody, although one parent may be granted sole legal custody in some cases. Physical custody may also be shared, or one parent may be granted sole or primary custody, with the other parent being granted visitation time.
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