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How Parental Custody Cases Are Decided in California
1.
2. Arlene D. Kock, Esq., A Professional Law
Corporation, is a full service family law practice
based in San Ramon, California. Arlene Kock has
served as an attorney experienced in litigating in
scores of domestic partnership terminations,
custody cases, and other legal family matters for
over three decades.
The state of California distinguishes between
physical and legal custody. The former refers to the
child’s residence and physical care, while the latter
involves major decisions concerning the health and
welfare affecting the child’s life.
3. A court may award joint custody to both parents or
sole custody if one parent is deemed unfit to make
major decisions concerning the child. For example,
a history of domestic abuse can affect a court’s
decision when detailing a custody arrangement. In
California, domestic abuse can take many forms,
including physical, mental, and economic abuse, a
situation in which one parent abusively limits or
controls all of the family’s finances.
4. California law dictates that a custody arrangement
must be made with the child’s best interests in
mind. Therefore, a parent who has been charged
with any form of domestic violence may be looked
upon unfavorably by a presiding judge. In cases
involving domestic violence or extreme
psychological abuse, a judge may decide to
implement supervised visitations for the abusive
parent, and overnight visits may be suspended
altogether. In some instances, the offending party
may also be responsible for any medical or
psychological bills that have resulted due to the
inflicted abuse.