How to file for divorce and child custody in california
Custody in California 2023 (Legal custody, Physical custody, Visitation)
Timecodes:
hi guys and welcome to my channel my
name is Diana romanovska I am a
certified family law specialist
practicing family law in the Bay Area
California
today this video is going to be about
custody there are two types of custody
legal custody and physical custody
the judge is going to make decision
about custody based on the best interest
of the children of the child
custody means who is going to make
decisions about the child
so for example if
School religion welfare doctors
that is
legal custody so decision making power
physical custody is where the child is
going to reside most of the time and
which address are we going to use for
enrolling the child to school for
example
and the judge has to consider factors
that are in the best interest of a child
for example is there any domestic
violence involved in this case neglect
of a child is the child old enough to
make decisions about who the child is
going to live
capacity is a term that people confused
with visitation so when we talk about
legal custody
then it's only going to be about
decision making process if we talk about
physical custody is going to be where
the child is going to live when we talk
about a visitation we can have 50 50
joint legal custody but one parent has
20 visitation or every other weekend
so visitation is more important for
the child support so the child support
will have percentage of visitation with
each parent and income of both parents
it has nothing to do with legal or
physical custody
so in cases where there is domestic
violence abuse
dvro filed and there's a permanent
restraining order
the parent who is protected the victim
has most of the time granted Soul legal
and physical custody and the other
parent will have to rebut the
presumption 30 it's called 30 44
presumption that that other parent is
now after one year better Intervention
Program is able to come back in child's
life for joint illegal custody and that
has to be determined by the judge but in
the meantime the
parent who has been granted restraining
order
well have to allow visitation depending
on the severity of domestic abuse
alleged so during that year the child
will see both parents whether supervised
or unsupervised to be decided by the
judge
so to summarize
typically the judge is going to Grant
joint in in normal healthy case joint
legal custody joint physical custody and
then 50 50 visitation which is usually
two to three schedule in in a perfect
world and then if there is neglect abuse
drug addiction then it can affect legal
physical custody and visitation
so I hope that was helpful if you have
questions don't hesitate to reach out
and I will see you in my next
consultation bye
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