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Divorce & Family Law: Litigation, Mediation, Collaborative

Call or Email For Your Free ½-Hour Consultation

Rocklin: 916-780-0848
Roseville: 916-755-5977
Folsom: 916-365-4941

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

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Answers To Your Child Custody Questions

At Miller & Associates, Attorneys LLP, we handle complex and sensitive child custody matters for clients in Rocklin, Folsom and Roseville, and throughout surrounding California communities.

We believe in empowering our clients by giving them the information they need to make informed decisions about the legal issues that affect their lives. Following are a few commonly asked questions about child custody in California.

What are legal and physical custody?

Legal custody refers to decision-making authority over important aspects of the child’s life, such as education, health care and religion. Physical custody establishes where the child will actually live.

What is shared custody?

Parents who share legal custody join in making decisions regarding the child’s life. This does not mean that parents have to agree on every issue. They should strive to resolve disagreements amicably and communicate openly with the other parent to avoid conflict and the need for court intervention. Shared physical custody means the child lives with both parents, the time being split nearly in half.

What is sole custody?

A parent with sole legal custody can make important decisions regarding the child’s life without any input from the other parent. When a parent has sole physical custody, the child spends most of their time living with that parent, while the other parent has visitation with the child.

What does the court consider when deciding child custody cases?

Courts are governed by the principle of protecting the best interests of the child. To determine what those best interests are, a court may take into account the age of the child, the emotional ties between the child and each parent, the ability of each parent to provide care and support, any history of abuse or neglect, and other factors.

What may a court not consider?

The law does not allow courts to make child custody determinations based on sex, race, sexual orientation, religion and other protected characteristics.

What if parents cannot agree on child custody issues?

In the event parents cannot reach an agreement, they must attend mandatory child custody mediation. If they fail to reach a mediated outcome, the matter will be decided in family court.

Get Answers About Your Custody Issues

The information on this page is general. To ask an experienced child custody attorney how the law applies in your unique circumstances, contact our law offices online or by telephone at 916-780-0848, 916-755-5977 or 916-365-4941.