Physical custody means where (with which parent) the child will primarily reside. A court can order that both parents have significant time with the child. This can be called “joint custody”. The court could instead order that one parent will have physical custody, and the other parent will have visitation.
In determining what is in the best interests of the child, the court may consider the health, safety and welfare of the child, the nature and amount of the child’s contact with both parents, the habitual or continual illegal use of controlled substances or alcohol by either parent, and/or any history of abuse by one…
The legal standard that the court uses to determine what type of custody orders to make in your case is the best interests of the child. This is a flexible standard that allows each family’s and each child’s needs to be considered.
There is a no fault divorce law in California. There is no need to prove “fault” of one or the other spouse or partner in the deterioration of marriage or partnership from the court’s point of view. The grounds for divorce in California are that there are irreconcilable differences or incurable insanity. www.caparalegalservices.com
At the “temporary” stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline (see discussion on child support for guideline factors) to determine what amount of spousal support should be paid.
At the “permanent” stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding (1) what amount of spousal support to order, if any; and (2) the duration (how many months or years) of the order. The court considers factors such…
The other important factor that influences the amount of support that will be ordered is the amount of time each parent has physical responsibility for the child.