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Child Custody Archives

Can a child's wishes be considered in a child custody case?

While a California child custody case often focuses on the parents and their goals and desires when it comes to the determination of child custody, the children should not be ignored. It can be difficult to assess how much influence the child should have in deciding where he or she will live, what the visitation rights will be and numerous other issues. However, the law can consider what the child wants. Knowing how this is handled is key to a case.

Child custody matters require experienced legal assistance

California child custody issues can be a difficult issue to navigate, not just for the parents of a child, but also any person who believes he or she should have visitation rights with a child. Naturally, the child's best interests are paramount, but there is often a disagreement as to what exactly that entails. This can spark parents into engaging in a child custody dispute. When there is any disagreement large or small when it comes to child custody and visitation rights, a mistake that people commonly make is that they fail to have legal assistance to handle the issue. This can result in bigger problems and severe damage to their relationship with their child.

What does California law say about determining child custody?

California child custody issues are rife with emotions. These matters can be complex and lead to disputes between the parties, with the child often becoming stuck in the middle. Of course, there are some situations in which the parties can come to an agreeable resolution. In any case, the best interests of the child are the most pressing concern and, from the start, everyone involved should bear that in mind. It is also important to understand California law regarding what the court will consider when making child custody decisions.

How does domestic violence affect child custody in California?

One of the more difficult issues to navigate in a California child custody case is if there is a history of domestic violence. While a relationship with children is desirable for both parents, the best interests of the child take precedence. Multiple factors must be weighed when there are domestic violence issues and the parents should be aware of how the state handles these matters. There are plans in which parenting time and visitation rights can be given to a parent who has been accused of abuse, but the key is safety for the child and the other parent.

Understanding the factors that go into child custody decisions

Children are often at the center of the most contentious and emotional disputes that arise when a California couple parts ways. The decision as to where the child will reside the bulk of the time and how child custody and parenting time will be accorded can be a complex matter. Understanding how the courts will determine where the child will live is essential. There are many different factors that go into the decision, and parents and others who might want to have a say in the child's future must be aware of them.

What should I know about grandparents' rights in California?

Child custody and visitation in California can be a complex and difficult matter to deal with. It can be more complicated when the parents are not the only ones who believe they should have the right to spend time with the child. In many instances, grandparents are an integral part of the child's life or are outright raising the child. Grandparents who want to have visitation with a grandchild must be aware of state law related to this matter.

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.

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John T. Chamberlin, Attorney at Law
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