Child Custody

There are few, if any, things more valuable to litigants than their children. Therefore,  child custody is regularly the most hotly contested issue in a divorce case.  It is important to understand what is involved in child custody cases and what additional information you should know.

It is important to note that state laws on child custody vary. Usually however, state laws aim to place the most important consideration on the “best interests” of the child(ren).  In California, the law also aims to protect both parents involved by presuming that both parents should have frequent and continuing contact with the child(ren).  Parents are protected to maintain the “best interests” of the child(ren).

Depending on the situation, child custody can be awarded to one or both biological parents, stepparents, grandparents or other legal guardians, contingent on the “best interests” of the child(ren).  When a court awards exclusive child custody to one parent, the non-custodial parent will usually maintain the right to see and visit the child, unless unusual circumstances arise.

Physical Custody and Legal Custody, are legal terms used to describe the practical and legal relationship between the parents and their child(ren), and determine the rights of the parents to make decisions for the child(ren). For parents facing divorce, child custody issues can be extremely emotional and stressful matters to deal with.

Of course, both parents should play a large role in a child's life and the Courts always hope to accomplish this. The Courts are already aware of the statistics that indicate  both a father and a mother are extremely significant and valuable to children growing up and leading a healthy life.  While ideal situations are not always attainable, showing the Court you plan on achieving only what is best for the child(ren), will make for a compelling argument.  It is very important that you explain to your lawyer why a particular custody or visitation plan is best for your child(ren), so that he or she can present that to the Court.

When meeting with your lawyer to discuss the future custody of your child(ren), you will be asked to fill out child custody forms. All questions on the form must be answered. Your lawyer will guide you through this. It is important to be as accurate and as detailed as possible to help the Court understand your circumstance.

After discussing your case with your lawyer and filling out your child custody forms, you may attend a hearing or a mediation. Your lawyer will help you understand what forms and supporting documents to bring with you.  If you do not settle the case through mediation, the Judge will then make a decision based on the information provided.  In his or her final decision, the judge will determine child custody and visitation rights.

The child custody schedule determines when and how often you will spend time with your child(ren).  To simplify the process for yourself, as well as for your lawyer, your schedule and additional information should be kept organized at all times.  It is wise to mark on a calendar every event and requirement by the Court.  Keeping organized and researching child custody laws in your state will keep you informed and ease the stress you may be experiencing.

Child custody cases can be very stressful and it is normal to feel overwhelmed and emotional.  Your lawyer will ensure you feel comfortable and understand your case by walking through your situation every step of the way.