Riverside Child Custody Attorneys
Experienced Family Law Representation in Southern California
Divorce is difficult as it is, however, when children are involved it could be an even more complex situation. When two parents go their separate ways the child may be split between two parents, or one parent may attain full custody. Custody can be an extremely emotional and difficult conversation to have with the two parents and if a settlement cannot be reached the courts must get involved. The courts typically review the case and assess what is best for the child.
With our firm you can rest assured that the best interests of your family will be fought for and protected. We understand that this is a difficult time for your and our attorneys have the experience necessary to keep close those that matter most to you. Contact us today to begin reviewing your case with a Riversidechild custody attorney.
Custody Agreements
There are a couple different custody agreements the divorcing parents can settle upon if it is in the cards, however, not every time is it possible for two parents to come to a simple decision.
Joint vs. Sole Custody
The first available agreement is physical custody which involves “joint” or “sole” custody of the child. This is in reference to the physical location of the child, both parents have rights to spend time with the child unless otherwise noted, but when it comes to living situations and the physical location of the child, the child can either reside full-time at one parents house, or could be allotted times at both parents houses.
Legal Custody
The other form of custody that must be acknowledged is “legal custody” which has to do with each parent’s right to make legal decisions regarding the child; involving: health, education, etc. If joint custody for the child was awarded many times both parents have legal rights to make decisions for the child until 18. However, at times there are also instances when one parent is give all legal custody while still retaining joint physical custody.
Visitation Rights
Lastly, if one parent is give sole custody of a child, the remaining parent can be provided visitation rights. Visitation rights feature a predetermined about of hours or days that a child can spend with the non-guardian parent. This is typically the case when one parent is unfit to care for the child and it is in the child’s best interest to have a single parent raise them.
How the Court Determines Custody
The best interest of the child is outlined in California Family Code Section 3011, but this should never be taken at face value because many courts will decide this on a case by case basis.
When the court determines the best interest of the child, they will analyze:
- The Child’s Age, Special, and/or Medical Needs
- Which parent is the “Primary Parent”, if they are fit to act as a parent, and/or have the essential financial backing to raise the child
Child custody is one of the most complex legal issues facing family law, contact our experienced Riverside child custody attorney today.