As parents move towards a planned (or unplanned) divorce, figuring out a custody agreement is often a crucial next step. This custody agreement helps parents sort out difficult custody issues such as where the children will reside, how visitation arrangements will work, what parental responsibilities get assigned to who, and more. 

It isn’t surprising for many parents to not see eye to eye on these issues. Some parents may be unwilling to share custody, or they may consider the other parent a liability and simply don’t want them to have custody or visitation rights. For families with more than one child, this can become further complicated if parents cannot see eye to eye. 

Which brings us to today’s post: can kids be separated during a custody agreement? 

Is Split Custody Common in CA?

Split custody of siblings refers to the division of custody of different children between both parents or guardians. In other words, some kids may live with one parent while others live with the other parent. Generally, this is not a common outcome for one simple reason: the family law courts always prioritize the well-being and happiness of the children above the parent’s wishes or desired outcomes. 

There’s many factors that lead to this general trend. For one, separating children during divorce can further cause instability in their lives during an already rocky time. Ensuring that siblings stay together carries significant emotional and psychological benefits. 

Additionally, siblings often engage in caretaking duties especially when there are younger children in the mix. Keeping the kids together promotes stability, comfort, and safety. It’s unlikely for the courts to willingly make decisions that jeopardize the comfort and happiness of the children involved. 

Reasons Why a Court May Split Siblings During a Custody DIspute

There are several scenarios where courts might opt to separate kids after all. Some of these reasons might include: 

• The children require very different medical or personal needs that are difficult to meet in one single, shared household. 
• If there are any safety concerns around a child staying at a certain home or with certain siblings, the courts might step in to help protect the vulnerable or at risk children. 
• FInancial duress or factors involving money could lead to the courts assessing that split custody is the right choice. 
• In rare instances, the courts will weigh a child’s preference if they request split custody for a valid reason. 

Talk to a Family Law Attorney About Your Custody Case Today

Ultimately, the biggest deciding factor is this: will the arrangement promote the health and well-being of the child? It’s important to demonstrate this point to the courts as you navigate the divorce process, which is where the help of a qualified family law attorney can make a world of difference.

Count on the experienced attorneys at White Oak Law for all your custody and family law matters in CA! If you have any questions or would like to book an initial consultation, please call us directly at 925-271-0999 today.