If you're going through a divorce or separation and have children, one of the most important decisions you'll need to make is custody. In California, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about your child's education, healthcare, and other important matters. Physical custody refers to where your child will live. If you're considering getting sole custody, you may be wondering how difficult it is to achieve. Here's what you need to know.
1. Understand the Legal Standard
In California, the legal standard for custody is in the best interests of the child. This means that the court will consider a variety of factors when making a custody decision, including the child's age, health, and emotional ties to each parent, as well as each parent's ability to provide for the child's needs. If you're seeking sole custody, you'll need to demonstrate that it's in your child's best interests to live with you exclusively.
2. Be Prepared to Prove Your Case
If you're seeking sole custody, you'll need to be prepared to prove your case in court. This may involve presenting evidence such as witness testimony, medical records, and school records. You'll also need to be able to articulate why it's in your child's best interests to live with you exclusively.
3. Consider Mediation
If you're having difficulty reaching an agreement with your ex-spouse or partner, consider mediation. Mediation is a process in which a neutral third party helps you and your ex-spouse or partner reach an agreement on custody and other issues. Mediation can be less expensive and less stressful than going to court, and it can help you maintain a better relationship with your ex-spouse or partner.
4. Hire an Experienced Family Law Attorney
If you're considering getting sole custody, it's important to hire an experienced family law attorney. An attorney can help you understand your legal rights and options and can represent you in court if necessary. An attorney can also help you negotiate a custody agreement with your ex-spouse or partner and can ensure that your rights are protected throughout the process.
5. Be Prepared for a Long and Emotional Process
Getting sole custody can be a long and emotional process. It's important to be prepared for the ups and downs and to take care of yourself and your child throughout the process. This may involve seeking support from friends and family, as well as from a therapist or counselor.
If you need help navigating the custody process, contact Chung & Ignacio, LLP today. Our experienced family law attorneys can help you understand your legal rights and options and can represent you in court if necessary.