Overview of Custody Rights

Overview of Custody Rights

Overview of Custody Rights

When it comes to children, it is vital that the appropriate person has the correct custody and/or visitation rights. Custody rights usually refer to caring for a child whereas visitation deals with who and for how long can spend time with said child. California law has specific rules regarding the kinds of custody and visitation that are available and the rights that arise from each. This article will provide a brief overview of some of these rights, but it is vital that you seek the advice of an attorney if you have any questions.

 

Custody Rights

Under the law, there are two types of custody: legal and physical. Legal child custody deals with the responsibilities and decisions that need to be made for the child. Child development is incredibly important and those who have legal custody can make decisions regarding the child’s schooling, medical needs (whether for physical or mental health), travel, and other aspects like sport activities. The other form of custody is physical custody. The child lives with the individual who has physical custody of them. Both legal and physical custody can be joint between both parents or only for a sole parent.

 

Visitation Rights

If a parent does not have physical custody of the child, a judge could potentially grant them visitation so that they can spend time with the child. In California, there are a variety of visitation orders and they are granted based on the context and factors of each case. Reasonable visitation is one that is flexible and does not have pre-determined details regarding dates. Instead, the parents can choose to do what’s best by themselves. For others, they may require a fully scheduled visitation plan with details regarding when the child is with each parent. In cases where the child’s safety must be ensured, visitation can occur if it is supervised by the other parent or appropriate adult. Finally, some parents may be denied visitation rights for reasons like physical abuse.

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