The Law Office of David A. Martin & Associates states that the court that determines child custody is the same court that has the jurisdiction over the divorce. This court is often called family court. A judge generally decides the outcome of child custody cases, however either parent has the right to request a jury if they wish. Both parent’s have equal rights concerning their children. Unless it is proved otherwise, the court assumes that both parents are capable of taking care of the children and that it is beneficial to the children to have a relationship with both parents.
There are various types of custody. Temporary custody is granted to a parent during the divorce and custody proceedings. This custody is temporary and the terms and conditions set forth in it can and will most likely change after the case goes through court. Exclusive custody is when custody is granted to one parent. The child lives with this parent and the parent makes the decisions concerning the child. The other parent may visit the children. Joint, or shared, custody is when both parents are given custody of the children. The parents share the decision making concerning the children and the children spend time living with both parents. Occasionally there is third party custody where custody is given to someone other than the parents. Usually the person is a relative–most often a grandparent. The Law Office of David A. Martin & Associates are a family law firm based in Sacramento and are available to help you in any legal family matter you may need.