Who is given custody of children in a divorce?
In California, legal custody and physical custody are the two types of custody that can be granted to parents. Legal custody includes the important decisions made for children, such as education, health care and welfare. Physical custody decides where the child will primarily live. When determining which parent is granted custody, the courts consider what will provide for the child’s best interest. The age and health of the child, emotional ties between parent and child, ability of the parents to care for the child, and whether or not there has been a history of violence or substance abuse in the household are all factors the court will consider when granting custody and visitation rights. Every family’s situation is different and is decided on a case-to-case basis.