In a divorce case in California, or anywhere else in the United States, children frequently suffer more than anyone. The situation becomes very difficult when the parents get involved in a long, drawn-out battle involving child support and child custody. Many California residents may be aware that there are two types of child custody — physical custody and legal custody.
The custodial parent has physical custody of the child whereas the parent who has the right to make decisions on matters related to the child’s education, religion and healthcare has legal custody. Often, obtaining legal or physical custody can create a challenge between the spouses. In that situation, it is wise to seek legal advice in order to understand all of the available options.
The parent who does not have physical custody will usually have visitation rights. In California, it is usually effective for parents to write a visitation plan. In the event that they do not agree to the terms of the plan, the court will enforce its own visitation order. The objective of the parenting plan is to give the child a sense of security and both parents are expected to adhere to it. Here, too, a legal professional can help by mapping out a visitation plan that is in the best interest of the child.
Also, if the financial circumstances of the supporting parent change, the child custody order may have to be modified. Certain circumstances merit a change in the child custody order. A primary reason is that as the child gets older, that child’s needs change. Also, if a parent gets a new job and that parent’s income changes or the parent relocates to another city or state, the child custody order may have to be modified. That is another situation in which the support of an attorney — like those at our law firm — might be beneficial.