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When parents divorce, they are faced with many decisions. These may include whether to sell the marital home, where the kids will live and who will have parental decision-making authority. If the parents can’t agree, a family court judge will make those decisions on their behalf. Once a child custody order is in place in California, both parents must adhere to its terms.
In many cases, parents agree to share child custody 50/50, with the children going back and forth between homes on a rotating schedule. However, this isn’t always the best option. In fact, there are several reasons why it might be better for one parent to have sole custody.
Divorce is not always an amicable process. If parents cannot communicate, the chances of them being able to peacefully share custody are challenging at best. Parents must question what effect it might have on the children’s ability to cope and move on in life if they are constantly witnessing their parents arguing. In such cases, it might be better to explore other custody options, which may involve modifying the parenting plan.
If one parent believes that the other is unfit, perhaps due to substance abuse or anger issues, etc., he or she may request sole child custody. If granted sole physical custody, the children would reside with that parent most of the time. Sole legal custody means that the parent has decision-making authority regarding the children.
Any California parent with questions about custody proceedings or modifications, or who is having trouble resolving a specific divorce issue, may seek support from an experienced family law attorney.
With 30 years of experience in family law, Jason Benjamin has handled more than 1,000 child custody cases and regularly takes on complex, high-conflict matters involving emergency custody orders, domestic violence, restraining orders, mental health concerns, and substance abuse issues. Jason brings decades of courtroom experience to challenging family law disputes and is committed to protecting families during some of the most difficult moments of their lives. He is known for taking decisive action, building strong legal strategies, and advocating aggressively when the stakes are highest.
This page has been written and reviewed by the Envision Family Law team in accordance with our editorial guidelines.
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