Child Custody Lawyer

Details on Child custody

Child custody is not as simple as the media makes it appear, and custody disputes do not simply result in awarding the mother custody of the child. In situations where the parents are divorced, unmarried, or live far from one another, the issue becomes complicated. This is why many parents who are considering divorce choose to hire a child custody attorney who can help them through any legal entanglements and fight to retain custody of their child. Do you want to learn more? Visit see more

Most state laws define custody as one or both parents bearing responsibility for the welfare of the child. Physical custody is what people commonly think of when they talk about custody. This refers to where a child lives on a daily basis, which can be given to one parent or both. Legal custody is a related matter and refers to the right to make significant decisions about a child, such as education and health care.

Every state has its own laws regarding family matters, including child custody. Contrary to popular belief, family courts do not favor one parent over another due to the basis of gender, and the court does not push one form of custody over another. There are several types of custody and visitation privileges available in most child custody situations, which are described as follows:

Joint Physical Custody
In cases where joint legal custody is granted by a judge, the child is essentially split between both parents. The child may live with each parent for a set period of time, which allows the child to spend equal time with both parents. Joint legal custody is not to be confused with situations where one parent has custody, but grants visitation rights to the other. This form of child custody is best suited for parents who are able to work past their differences and make decisions together for the best interests of the child.

Joint Legal Custody
Neither parent is given preference by the judges when it comes to making decisions for the best interests of the child. However, in certain situations, the court may give one parent the power to make certain decisions for the child, depending on several factors. This type of custody is not to be confused with joint physical custody, where the child is given equal time with each parent. Instead, joint legal custody is based out of a desire of the parents to make shared decisions regarding the child. “Joint Custody” is another term that can refer to either joint legal custody or joint physical custody and the term it is often used interchangeably.

Sole Custody
A court may make one of the parents responsible for the child’s major life decisions, which may include education, healthcare, religion, and general welfare. This doesn’t mean that both parents are barred from making the decisions together; however, sole custody is generally granted by the judge in situations where it would cause too much conflict to do so, such as situations where domestic violence has occurred. Under law, the child’s custodial parent (the one with sole custody) may make decisions on their own, even if it goes against the other parent’s wishes.

Visitation typically refers to the non-custodial parent’s ability to have “parenting time.” Even though the child may live with the custodial parent, they can still interact with the other parent during a set period of time previously defined by the court. This largely depends on the unique facts behind each family’s situation. When a judge determines this time period, they will consider the parents’ work schedules, safety of the child, prior child care history, school locations, as well as the preference of the parent/child in deciding visitation schedules. However, even if the child is allowed lengthy visitation time with one parent, this does not mean that the parent retains any level of custody.

Supervised Visitation
When determining visitation, there are many situations where the safety of the child or custodial parent is of concern to the judge. This is common is domestic violence cases, where the child should not be left alone with the abuser. In order for the judge to grant supervised visitation, the custodial parent must prove why it is necessary. The specific facts behind each situation will also decide how long and how frequent the supervised visits will be.

Additionally, parents are not required to pursue custody or visitation of their child in court. For some parents, involving the court system may add additional stress or financial burden. If the parents are on amicable terms, they may reach an informal decision regarding the custody or visitation of their child. However, if there is a potential for future conflict about custody or visitation agreements, the parents may still turn to the courts to resolve the issue.

There is no perfect solution to addressing the issue of child custody when dealing with divorce or separation. Similar to the rationale behind the court’s decisions regarding child custody, parents tackling this issue should place priority concern over the option that would allow the child to live a healthy lifestyle. This may mean having one parent retain sole custody or having joint legal custody of the child. Whatever you ultimately decide, remember that your child will experience a large share of the impact from the child custody decision.

Benefits Of Hiring A Child Custody Lawyer

For a spouse to undergo divorce is an emotional, exhausting experience, and the involvement of children in the union makes the task much worse. In the case of a breakup or divorce, one of the first choices that would have to be taken is which home the children will spend more of their time in. There are no simple solutions to this issue, however the custody dispute can be resolved in court between parents who can not come to an understanding.If you’re looking for more tips, Custody Lawyer near me has it for you.

There are several variables that can decide which home can represent the children’s best interests, which is why it is necessary to have the support of an Irvine child custody specialist who will guarantee that the procedure proceeds efficiently and reasonably. It is important that each parent deals with an individual lawyer who can preserve the interests of that person. Often, to ensure sure their best interests are taken into account, the children even ought to get their own solicitor involved.

Difference in Physical and Legal Custody

The problem of child custody is further compounded by the reality that multiple forms of custody ought to be taken into account. Physical custody is normally granted to the adult with whom the infant will reside much of the time, since this is the one who will most physically be with the child. Judicial custody includes the choices that go into parenting the infant, which can involve judgments regarding health treatment, schooling, and faith. One parent might have sole physical custody in certain situations, whereas all parents hold legal custody fairly. In each of these areas, an Irvine child custody specialist would be willing to assist parents decide the child’s best interests.

Custody via Joint and Break

Joint custody, where all parents share physical custody evenly, and split custody, which includes dividing up siblings so that each parent can have a child full time, are two forms of child custody settlements that are not advocated as much. Usually, the courts do not accept any of these situations, since most clinicians would acknowledge that any of the conditions would be traumatic for the infant. Two parents who have shown they can operate together together for the benefit of their children will typically be included on the occasional cases that shared custody is granted. An Irvine child custody specialist will guarantee that this arrangement is duly followed out if either of these situations really seems to be the correct option.

The courts would recommend the adults make their own compromise on child custody in certain situations. With the support of Irvine child custody attorneys appointed to each side, and a mediator if appropriate, this can be accomplished. The courts would be required to determine if custody can be awarded if parents do not find an understanding. Many considerations, such as the choice of an infant whether he is old enough to say, the best interests of the child and the primary caregiver of the child, would go into this decision. An Irving child custody counsel acting with each side would guarantee that the ruling is equitable and that, in the procedure, the interests of all parents and children are secured.