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Rancho Cucamonga Child Visitation Lawyer
When a couple decides to pursue legal separation or divorce, child visitation and custody deliberations are often the most contentious and combative issue. There are many aspects considered when determining a parent’s child visitation rights in the state of California.
Because of the complexities of family law, it is always advisable to seek counsel from an experienced Rancho Cucamonga child visitation lawyer. If you anticipate a child custody battle as a result of your separation, make sure both you and your child’s interests are properly taken care of.
We will look at two kinds of child custody: legal custody and physical custody.
There are two options you, your Rancho Cucamonga visitation rights lawyer, or a judge can opt for when determining legal custody of your child: joint custody and sole custody.
Joint Custody – You and your spouse share the responsibility of making vital decisions for your child, including education, health, general day-to-day activities, and wellbeing.
Sole Custody – Only one party has the responsibility of making vital decisions for your child, including all of the points listed above.
Physical custody refers to where and with whom the child will live. Ordinarily, one party—called the custodial parent—will have physical custody of the child, while the other parent—called the non-custodial parent—will have child visitation rights.
Another option a judge might consider is joint physical custody, where a child divides their time equally between both parents’ residences. This is less common than the custodial/non-custodial arrangement, as it is viewed to be the less stable option of the two.
Ultimately, the child’s best interest is the number one determining factor a judge will consider when awarding physical custody and child visitation. A judge will give almost no consideration to what the parent wants. A Rancho Cucamonga child visitation lawyer from our office will be able to demonstrate to the judge why your plan will meet this criterion.
Factors Considered in Child Custody And Visitation
A stable upbringing is of vital importance for a child—the lessons and experiences learned in childhood will serve as the foundation for the rest of their lives. The courts recognize this, and it is one of the primary reasons you should retain a Rancho Cucamonga child visitation lawyer for your case. When a judge or arbitrator awards custody and visitation rights, there are three heavily weighted aspects that will be considered:
Domestic Violence – If there have been any documented instances of domestic violence or abuse, the child’s contact with that parent will be severely limited in the form of supervised visitation. In extreme cases, visitation is forbidden completely. Unfortunately, some ex-spouses know this and exploit it. In particularly vicious divorce cases, there have been instances of falsified domestic abuse reports as a way to punish the ex-partner from seeing his or her children.
Employment and Work Schedule – Depending on the age of the child, work schedule may play a major role in determining physical custody. It is of the courts’ opinion that younger children should be properly supervised by a parent as much as possible. While childcare can be a viable option for those working long or irregular hours, arbitrators look more favorably upon parents whose shifts work in conjunction with the child’s schedule.
Home Environment – When spouses split up and move into separate residences, the courts will assess both and determine which is more suitable for rearing a child. Proximity to the child’s school, friends, and the like are also evaluated; a child going through a divorce is already under significant, unfamiliar stresses, and so the courts prefer to maintain the current social support network to help the child cope with the family’s break up.
Other factors reviewed when awarding custody and visitation rights include the preference of the child, the demeanor of each parent during the divorce deliberation process, and the fitness and observable lifestyle habits of each parent. To have all of these elements portrayed in the best way possible, you’ll want to work with a Rancho Cucamonga visitation rights lawyer from our firm.
An Experienced Rancho Cucamonga Visitation Rights Lawyer
The rulings made and conditions set in divorce proceedings are often irreversible, barring a costly, arduous appeal process. If you foresee issues pertaining to child custody during your divorce or legal separation, it is crucial that you seek counsel from a Rancho Cucamonga child visitation attorney with family law acumen.
The Law Office of Laurence J. Brock has extensive experience in divorce, legal separation, child custody, and child visitation. By calling us at 909-466-7661 or completing our form below, you are taking a step in the right direction for securing your child visitation rights and interests. A Rancho Cucamonga child visitation lawyer can help.