CustodyOVERVIEW:
The standard normally used by the courts to determine child custody is what is referred to as the best interest standard. The best interest standard is specifically defined in Family Code 3011. Under a different set of facts, the courts may also use the "changed circumstances" standard to determine custody.
There are two components to child custody; legal custody and physical custody. Each of these forms of custody may be awarded to the parent(s) as sole custody or joint custody.
Legal Custody:
Coming soon!
Physical Custody:
The public policy of California prefers that children have frequent and continuing contact with both parents, and thus the preferential award is for joint custody. However, there are circumstances that would operate against joint custody resulting in an award of sole custody. Generally, these circumstances may include domestic violence and abuse against the child or against the other parent.
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