Child Custody In An Uncontested Divorce

California uncontested divorce attorney, Matthew Murillo, and his team at Legacy Counsel are experienced and knowledgeable in child custody and visitation matters. We understand what kind of emotional toll custody and support issues can take, not only the parents, but on the children as well.  Because of this, we want to help you come to an agreement that works for all parties.

Types of Custody in California

There are two types of child custody in a family law case involving children. The first, legal custody, concerns important decisions about the children. Legal custody often controls issues relating to decisions about school, healthcare, and religion. The second type of custody is physical custody. The physical custody refers to which parent does the child physically lives with.

Joint vs. Sole Custody

In California, the courts are guided to seek the best interest of the child when making custody and visitation orders. In other words, the courts are directed by the law to do whatever is in the best interest of the child in any given case. In majority of cases, the courts prefer joint legal custody so that both parents can participate in making important decisions about their children. In some cases, sole custody is awarded because of inappropriate behavior or neglect by one parent.

Even in cases where joint physical custody is ordered, it is possible for the child to spend more time with one parent and less with the other. The amount of detail and restrictions on parenting schedule are often determined by the degree of conflict between the parents and whether they can cooperate in the co-parenting process.

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