Kevin Federline, the husband of Britney Spears, says he is filing for sole custody of his children, Jayden James and Sean Preston, because he doesn’t think his wife can do the job alone. Federline had countersued against Spears earlier this month, one day after she had filed for divorce.
Mark Vincent Kaplan, Federline’s attorney says that his client wants sole custody because he believes that he is more capable of taking care of their children. He is also seeking spousal support.
In the state of California, parents who are divorcing are asked to come up with a custody and visitation agreement that must be approved by the court. Parents are encouraged to file for joint “legal” custody of their child(ren) when possible and desired. If the parents cannot agree on the custody arrangements, then a judge will create a plan for them.
Legal and Physical Custody
The parent(s) who has legal custody of the child has the legal right to make decisions regarding the child. The parent with physical custody is usually the parent that the child lives with. A parent who doesn’t have primary physical custody may be granted secondary physical custody.
It is possible for one parent to have either sole legal custody or sole physical custody of a child. This may happen when the court deems the other person unfit to be a parent.
Filing For Custody In California
Although custody jurisdiction is state law, California also operates under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The UCCJEA says that a parent can file for custody of a child only in that child’s home state- barring certain exceptions. A “home state” is where a child has been living for the last six months. If a child has not been living in the same place for the last six months, then their “home state” becomes the place where they have primarily lived since they were born. This means that if a parent and a child have moved from Palo Alto to Atlanta, and they have only been living in Georgia for the past three months, they must wait another three months before filing for custody in their new state of residence; they can, however, file right away in California.
A parent can also file for temporary emergency custody in a state that is not the home state if they feel that:
· Emergency custody is necessary for the child(ren)’s best interests.
· The child has been abandoned.
Sagaria Law, P.C. handles child custody and other family law-related matters in Santa Clara County, Monterey County, and Alameda County. Your first consultation with us is free, so contact us today.
Britney Faces Child Custody Fight, BBC News, October 9, 2006
Federline Will Go The Distance To Protect Children From Spears, SFgate.com
California Custody Information, Womenslaw.org
Introduction To Custody And Visitation, California Courts
Types of Child Custody, Nolo.com
California Custody and Visitation, Divorcenet.com
Related Web Resource:
Forms And Instructions For Custody And Visitation Cases, California Courts