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Understanding Child Custody in a Carlsbad Divorce

On Behalf of | Dec 18, 2019 | Child Custody and Visitation

Understanding child custody in a Carlsbad divorce is crucial for any parent.  There are basically two forms of child custody relating to the children of divorce in Carlsbad:

  • Physical Custody
  • Legal Custody

“Physical Custody” relates to where a child will reside after a Carlsbad divorce or during legal separation. Physical custody provides a parent with the legal right to have their child physically present in their home.  Parenting time is a portion of physical custody.

When a child lives almost exclusively with one parent after the divorce, that parent is often regarded as the “residential” or “custodial” parent of the child.  The other parent would be considered “non-residential” or “non-custodial.”  The non-custodial parent may very well have rights to see the child as part of the parenting plan.

“Legal Custody” is best described as the legal right to make important decisions regarding the child’s health, education and well-being.  This includes where they will go to school, religious practice and decisions relating to healthcare (except in the case of emergency).

Physical and Legal Custody can either be “Joint” (often referred to as “shared”) or “Sole.”  The terms are not mutually exclusive of one another.  A parent may share joint legal custody while not sharing in physical custody.

The Carlsbad child custody and visitation attorneys at Burke & Domercq, APC each have decades of experience representing clients before our family law courts here in North County.  This experience informs the advice and counsel we provide to clients of the firm and contributes directly to the successful track record we have established on behalf of our clients.

If you are concerned about understanding child custody in a Carlsbad divorce or a divorce in Vista, Encinitas, Oceanside, Carlsbad or anywhere in North County we invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our experienced Certified Family Law Specialists.