If you are like most parents filing for divorce in San Bernardino, your primary concern is for your children’s wellbeing.
That means you and your spouse will need to come to an agreement regarding where the children will live most of the time and what type of visitation will be appropriate for your family.
While it is difficult, it is important that you and your spouse reach this decision together. If you are unable to agree, a judge will decide for you. A San Bernardino child custody lawyer from the Law Office of Laurence J. Brock can help you arrive at an amicable agreement with your ex.
Most parents are able to set aside their differences in order to determine what’s best for their children.
Unfortunately, that’s not always the case. Some families simply cannot agree, and there is no choice for them but to become embroiled in a custody dispute as a result.
The term legal custody refers to a parent’s ability to make decisions on his or her child’s behalf. These decisions may involve education, religion, and everyday activities that shape the child’s life.
The term physical custody refers the days and nights a child spends with one parent. In some cases, only one parent gets physical custody; in others, the parents share it.
If you and your spouse cannot agree on child custody, a judge will decide for you. While judges do their best to remain fair and impartial, and the courts require judges to make decisions based on the children’s best interests, no judge can completely understand your family’s situation.
The judge does not know you, your ex, or your children, which makes it difficult for a judge to create a ruling that satisfies every family member. Making certain that your side of things is correctly presented is essential to the outcome of the custody dispute. A San Bernardino child custody lawyer from our office can represent you during these proceedings and ensure that you are treated fairly.
Many families choose to work through a mediator to make the right decisions for their children. A mediator is an impartial third party who helps to remove emotions from major decisions. Your San Bernardino child custody lawyer can help you determine if this is the right option for your family.
If you choose to work with a mediator, he or she may offer suggestions that lead you to compromise with your ex. Throughout the entire mediation process, your mediator will serve as a buffer between the two of you. He or she will attempt to arrive at a solution that leaves you both reasonably satisfied.
When custody is contested, the court may order a 730 evaluation. A 730 evaluation requires the court to appoint an approved evaluator to investigate the family.
Usually, 730 evaluations take quite some time to complete; they can drag on for months. The evaluator will analyze the parents, children, and any other family members.
During the process, the evaluator will also examine financial records, medical records, and other relevant documents.
After a 730 evaluation is complete, the court will review the evaluator’s findings and determine legal and physical custody.
The judge will consider the following points:
If you’re divorcing your spouse and have children, it is within your best interests to work with a San Bernardino child custody lawyer who understands the ins and outs of California divorce law.
Sorting out child custody doesn’t have to be difficult. Talking to a San Bernardino child custody lawyer from the Law Office of Laurence J. Brock can enable you and your kids to move forward with your lives.
Call us at 909-466-7661 or fill out our contact form below so we can help you come up with a custody agreement and parenting plan that works for every member of your family.