The State of California has a mandated statutory guideline for the calculation of child support. Guideline child support is calculated using a number of variables most notably: the number of children, the respective timeshares of the each parent with the children, the gross monthly income of each parent, the tax filing status of each parent, and certain other deductions including but not limited to health insurance premiums, mortgage interest, union dues, etc…
Dissolution of Marriage
Custody and Visitation
There are two types of custody, legal and physical.
Legal custody involves decisions concerning a child’s health, safety, education ,and general welfare. These issues involve a child’s fundamental rights. Sole legal custody may be appropriate if a parent has perpetrated some form of abuse against the child or the other parent. Sole legal custody may also be granted if a parent refuses to consent to medical treatment that is necessary for a child.
Physical custody involves the day to day parenting of a child. A parent who cares for a child for more than one-half of the time is the “primary custodial parent.” The parent who cares for the child less than one-half the time is the parent who has visitation. Visitation is granted in some capacity unless visitation with a parent would be detrimental to the child. Physical custody also involves parents sharing holidays, vacations, and the children’s breaks from school.
Guardianship proceedings are where a person, who is not the natural parent of a child, seeks custody of a child and/or the power to manage the child’s property. Such hearings typically take place in probate court, but sometimes may be heard in the juvenile court.
Types of Guardianship
There are two types of guardianship proceedings. A guardianship of the person is filed to appoint someone, who is not the parent of the child, to care for the child and make every day decisions regarding the upbringing of the child, such as decisions regarding education, health care, and extra-curricular activities. This person essentially steps into the shoes of the parent and is legally responsible for the child’s well being and will have both “legal” and “physical” custody. A guardianship of the estate is filed to appoint someone to make decisions regrading the child’s property such as income, investments, or personal property. The guardian is responsible for managing the minor’s finances, protecting the minor’s assets, and filing accountings with the Court.