When you’re in the middle of a divorce or a separation that involves children, there’s a good chance you’ll hear the term "custodial parent." But what does it really mean to be the custodial parent in California? Let's break it down in a way that keeps things straightforward and easy to understand.
What Is a Custodial Parent?
A custodial parent is the one who has primary physical custody of the child. That means the child lives with this parent most of the time. The custodial parent takes on many day-to-day responsibilities, like making sure the child gets to school, eats well, and stays healthy.
Meanwhile, the other parent, known as the "non-custodial parent," may still have visitation rights and is often involved in making important decisions about the child’s life.
So, if you’re the custodial parent, your child’s home base is with you. That comes with a mix of responsibilities, rights, and sometimes challenges.
Legal vs. Physical Custody: A Quick Comparison
Before discussing custodial responsibilities, it's worth noting that custody in California is divided into two categories: legal custody and physical custody.
- Legal Custody - This is all about making big decisions for the child, like where they’ll go to school, what kind of healthcare they’ll receive, and their religious upbringing. Both parents can share legal custody, even if one is the custodial parent.
- Physical Custody - This is where “custodial parent” comes in. Physical custody determines where the child actually lives. The custodial parent, with primary physical custody, provides the main home for the child, while the other parent may have scheduled visitation.
In some cases, both parents may share both legal and physical custody. In others, one parent may have full custody. Every case is unique, and courts focus on what’s best for the child.
Responsibilities of a Custodial Parent
Being a custodial parent is rewarding but comes with a lot on your plate. Some of these responsibilities include:
- Daily Care: Making sure the child is safe, fed, and taken care of every day.
- Routine Decisions: Deciding on smaller matters like what the child wears, their bedtime, and how they spend free time.
- School Involvement: Often, the custodial parent is the one attending parent-teacher conferences, school meetings, and helping with homework.
While the custodial parent handles day-to-day activities, the non-custodial parent may still share decision-making power, especially if there’s joint legal custody.
Rights of a Custodial Parent
Being a custodial parent comes with certain rights, which give you the ability to make decisions and set boundaries when necessary:
- Setting Daily Schedules: As the custodial parent, you manage the child’s daily schedule, including school, activities, and any other commitments.
- Establishing Rules at Home: This includes setting bedtime routines, screen time limits, and house rules.
- Moving with the Child: If a custodial parent wants to move out of California or far enough that it affects the child’s relationship with the other parent, specific steps are involved. The court must review the situation, ensuring that any move serves the child's best interests.
It’s important to note that while the custodial parent handles these day-to-day aspects, they may still need to consult the non-custodial parent on bigger decisions if they share legal custody.
Rights of the Non-Custodial Parent
The non-custodial parent isn’t left out when it comes to rights. California encourages both parents to stay involved in their child’s life whenever possible. Here’s a quick look at what rights the non-custodial parent might have:
- Visitation Rights: Non-custodial parents often have scheduled time to spend with the child. The amount of time depends on what the court decides or what the parents agree on.
- Input on Major Decisions: If the parents share legal custody, the non-custodial parent has a say in significant choices about the child’s life, like schooling and medical care.
- Right to Information: Non-custodial parents have the right to access important information about their child, such as school records, medical records, and any significant updates in the child’s life.
How California Courts Decide Custody
California courts always aim to put the child’s best interests first. In general, courts prefer arrangements that allow both parents to stay active in the child’s life. The main factors they look at include:
- Child’s Age and Health: Younger children might need different living arrangements than older children, especially if they have special medical or emotional needs.
- Each Parent’s Situation: Courts take a close look at each parent’s work schedule, living situation, and relationship with the child.
- Child’s Preferences: In some cases, if the child is mature enough, the court may consider their preferences.
Common Questions About Custodial Parenting
Let’s answer a few questions we often hear from custodial parents:
Can I refuse visitation if my child doesn’t want to go?
No, you can’t deny visitation if it’s court-ordered, even if the child is reluctant. Encouraging the child to spend time with the other parent is important. If issues continue, you can consult the court for guidance.
What if the non-custodial parent doesn’t show up for visitation?
Keep a record of missed visits. Courts appreciate accurate records if you decide to request adjustments to the visitation schedule.
Can I get more child support if I’m the custodial parent?
The amount of child support depends on each parent’s income and the custody arrangement. However, if your financial situation changes, you can request a review to see if the amount should be adjusted.
Support for Custodial Parents at Holstrom, Block & Parke
If you need help clarifying your rights as a custodial parent or have questions about modifying custody arrangements, we’re here to help.
At Holstrom, Block & Parke, A Professional Law Corporation, our attorneys are dedicated to supporting custodial and non-custodial parents alike. With offices across Southern California, we’re here to ensure your parental rights are respected and your child’s well-being is prioritized.
Reach out to us at (855)-426-9111 or visit us online to discuss your unique situation with a compassionate attorney who understands California family law.