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Child Custody Archives

What are the different types of orders for visitation rights?

For California parents who have ended their relationship with their spouse or partner, the relationship with their child will still need to continue. Visitation rights can be a complex and problematic issue, and the best interests of the child are paramount. Some parents will allow their disagreements and potential lingering animosity with the other parent to interfere with parenting time and visitation. That is why it is essential to understand the different types of visitation orders that are available under state law. A parent who has the child for less than half the time will be granted visitation. There are generally four different categories of visitation: scheduled visitation, reasonable visitation, supervised visitation and no visitation.

Emphasizing on the best interests of the child

Life doesn't always go as planned. We move, change jobs, lose jobs, suffer the loss of a loved one and even experience a marriage ending. Even though most parents in California intend to stay together, some find divorce to be the better option for them. Although it might be best for them, divorcing parents need to understand how the process impacts children and what to do if they find themselves embroiled in a child custody dispute.

Helping you develop a workable child custody agreement

Like most parent sin California, spending time with their children is sacred. From birth until adulthood, these are the times major memories are formed, and parents are able to make a significant impact on the lives of their children. Unfortunately, divorce can disrupt this process. When parents part their ways, it can be very difficult on the children involved. It is not only a major change going from one home to two homes, but it is also challenging that they will only see each parent for a specified amount of time each week or month.

What are fathers' rights in child custody?

In the past, a typical California custody arrangement resulted in a mother receiving primary custody of the children, while the father, as the non-custodial parents, was only able to exercise visitation rights. This arrangement does still occur in some situations, but fathers should note that they have the right to shared custody. Because society has moved towards a co-parenting environment, divorcing parents should understand that this likely means they will have joint-custody of their children post-divorce.

What is the standard for determining primary custody?

No matter what life event a person is going through, no parent wants to see his or her child less. Nonetheless, parents in California that decide to divorce are required to sort through some challenging topics and decisions. One of these is child custody.

Recent California ruling could impact custody rights of parents

Whether you are going through a divorce or are living your life post-divorce, the divorce process has likely altered your life greatly. This is especially true if you have children. Dissolution means addressing difficult issues, such as child custody. While some divorcing parents in California are able to reach fair and equal terms when it comes to deciding a fair parenting time schedule with their ex, this does not mean that they are free from visitation issues regarding their children. The divorce process is not only taxing on parents but can also take a toll on grandparents as well. Because of that, some grandparents will take steps to assert their grandparents' rights if they have limited access to their grandchildren during or after their child's divorce.

What is the "best interests of the child" standard?

Parents in California constantly focus on the needs of their children, as many of the decisions made by parents can impact their children. Thus, the interests of a child are often kept in mind at all times. Divorce is no exception. The needs of a child must come first when it comes to making decisions regarding custody and support. However, the ups and downs of divorce can make it difficult to not let emotions get in the way. Because of that, the court may need to step in at times to ensure the best interests of the child are met when there is a dispute about child custody and/or visitation.

When a child has a say in child custody determinations

As parents in California know, their children have many opinions on their upbringing and what they would like to do. This is especially true as the children become older. However, parents also know that a child's opinions may not always be in the child's best interest and overrule that opinion. However, it does not change the fact that the child still has preferences. This can be especially true if the parents are going through a divorce or child custody matter.

Anthony Weiner demise could affect child custody decision

Former New York congressman and New York City mayoral candidate Anthony Weiner pleaded guilty last Friday to sexting, or transferring obscene material to a child, in this case a 15-year-old girl from North Carolina. Weiner now faces a prison sentence of between 21 and 27 months, will be registered as a sex offender and must surrender his iPhone to authorities.

How do I protect my kids in the midst of a divorce?

All parents love their children and all parents want to protect the best interests of the child. This philosophy is also the primary concern for the courts when they make their rulings regarding child custody, child support and other divorce related decisions. Making well-advised and intelligent decisions regarding your life and future with your children is not always easy.

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John T. Chamberlin, Attorney at Law
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