In a Los Angeles child custody case, one parent will become the custodial parent while the other will be named the noncustodial parent. Learning what it means to be the custodial parent, including the responsibilities that come with this title, can help you understand your parental rights in the aftermath of a divorce in California. Our family attorneys in Los Angeles can help explain more in-depth details of being a custodial parent.
What Does Custodial Parent Mean?
In family law terms, a custodial parent is the parent who has primary, main or sole custody of a child. This can refer to physical custody (called parenting time in California) as well as legal custody or decision-making authority. Physical custody refers to where the child lives or stays.
For the most part, as long as it is safe for the child, the family courts in California hold the belief that a child is better off with continuing and meaningful contact with both parents after a divorce. However, it is common for one parent to receive primary custody, or become the custodial parent, due to logistical reasons.
It can be too hard on a child to evenly divide his or her time 50/50 between two households, especially if the parents live in different cities. For this reason, most custody cases result in one parent having primary custody (the custodial parent) and the other having scheduled visitation or parenting time on designated days (the noncustodial parent).
What Are the Responsibilities of a Custodial Parent?
The legal obligations and responsibilities given to the custodial parent depend on the type of custody granted to that parent. Physical custody means that the custodial parent is responsible for providing day-to-day care for the child, including food, shelter and school while the child lives with that parent.
The child will reside with the custodial parent the majority of the time or full-time, depending on the custody arrangement, and visit the noncustodial parent according to an arranged schedule that has been pre-approved or ordered by a judge.
In most cases, the parent granted physical custody is also given legal custody. This means the custodial parent will also have legal authority to make important decisions on behalf of the child, such as health care, education and religious decisions.
Does the Custodial Parent Always Receive Child Support?
No. Although this is the most common child support arrangement in California, there is no one-size-fits-all child support agreement. The courts will issue child support orders that are tailored to the family’s unique situation and the financial needs of the child after careful assessment of the case.
In general, the formula the courts use looks at both parents’ gross income and the percentage of custody or parenting time that each parent has. The noncustodial parent will typically end up paying the custodial parent due to the fact that the latter has a greater share of financial responsibility regarding childcare. However, there are always exceptions.
How Do You Become a Custodial Parent in California?
If you wish to have primary custody and become the custodial parent in your family law case, you must petition the courts with reasons why this would be in the best interest of the child. You must show using evidence that having the child live primarily with you is what will best protect the child’s well-being. The most effective way to build a case as a parent in Los Angeles is by contacting an experienced child custody lawyer in Los Angeles to represent you at a custody hearing.
