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What You Need to Know About Child Custody in the State of California

Posted on in Child Custody and Visitation

Los Gatos, CA divorce attorney child custody

The divorce process can be incredibly stressful for the whole family, including both parents and children. Children often need time to adjust to the fact that their parents will no longer be married or living together, and parents will need to manage the legal and personal issues involved in their divorce while ensuring that their children’s best interests are protected. If you are looking to maintain a meaningful relationship with your children after your divorce, it is critically important for you to understand California’s child custody laws. To ensure that your parental rights are protected in these cases, you will want to work with a skilled family law attorney. 

Physical and Legal Custody

In the state of California, there are two forms of child custody: legal custody and physical custody. Physical custody addresses who children will live with, while legal custody addresses the right to make decisions about how children will be raised, including ensuring that they receive the proper healthcare and education. 

In many cases, parents will share joint legal and physical custody of their children. This means that both parents will participate in making decisions for children, and children will spend time living with both parents. However, there may be some situations in which one parent will be awarded sole legal or physical custody. For instance, a family court judge may award legal custody of a child to one parent while deciding that both parents will have some level of physical custody. Even if one parent is awarded sole legal and physical custody, the other parent may be granted visitation rights. If there are concerns about children’s safety, the court may place restrictions on a parent’s visitation, such as requiring that visitation time is supervised.

If you and your child’s other parent do not agree on how to share legal or physical custody, you will want to take steps to show that you can provide for your child’s needs and protect their best interests. You may need to demonstrate the level of responsibility you have had when making child-related decisions or caring for your child in the past, and you will want to show that you can provide your child with a safe and comfortable living situation. When making decisions about child custody, a judge will consider factors such as the age of the child, the child’s relationship with both parents, and how to best provide for the child’s overall well-being. 

Contact a Los Gatos, CA Child Custody Attorney 

While the divorce process can be long and grueling, a skilled attorney can guide you through every step of the process. Attorney Benita Ventresca has years of experience helping clients through the legal nuances of child custody. She will work with you to protect your parental rights and help you resolve disputes in a way that protects your child’s best interests. Contact our Los Gatos, CA divorce lawyer today at 408-395-8822 to set up a free consultation. We service clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.




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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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