Child custody is one of the most hotly debated issues during any divorce. While many couples are able to reach fair and equitable custody agreements, some just can’t do it—and in those cases, the courts are forced to make a ruling.
However, while judges do their best to remain fair and put your children’s best interests first, nobody knows your family like you do. The truth is that you and your ex-spouse are the ones best qualified to decide where your children will live and when they will visit with each of you.
If you and your ex-spouse can’t come to an agreement on your own, it is a good idea to talk to an Upland child custody lawyer from the Law Office of Laurence J. Brock as soon as possible.
In the state of California, both parents have rights and responsibilities when it comes to their children. Child custody simply divides those rights when parents go their separate ways.
The two types of custody in California are physical and legal. Each carries its own set of responsibilities and rights, so it’s best to familiarize yourself with what each type entails before you and your ex-spouse attempt to make a decision. Your Upland child custody lawyer will be able to fully explain and advise you throughout this process.
The state of California recognizes that both parents have the right to be with their children. The term physical custody simply refers to the parent with whom the children will live most of the time.
In many cases, one parent has primary physical custody—the kids live in that parent’s home for the majority of the time. The other parent has a right to parenting time, or visitation, which can vary based on each family’s needs.
Often, parents share physical custody; this is called joint physical custody, and it’s very common in California.
Just as parents have the right to be with their children, they have the responsibility to make decisions for their kids. The term legal custody refers to the responsibility of a parent to decide on important matters, such as religion, education, and healthcare for the child.
Joint legal custody is also very common in California. An Upland child custody lawyer from our office can negotiate with your spouse on your behalf to work out how both types of custody will work after your divorce.
It’s almost always best if you and your ex-spouse can work together to set up a child custody agreement that works for your entire family. Because every family is unique, what works for one family may not work for another.
Some families choose to have the children in one home during the week, particularly when school is in session, and see the other parent on overnight visits during the weekends. Often, both parents will work together to be with the children as much as possible.
If you and your ex cannot agree on child custody, the judge to make a decision for you.
Every judge in the state of California has the responsibility to ensure that the best interests of a child are being served when determining custody. If you have forced a judge to rule in your custody case, he or she will look for the answers to several questions before determining what is best for your child. Your Upland child custody lawyer will present the answers to these questions in the fairest way possible.
During child custody disputes, judges will examine a number of factors:
In some cases, a judge may order a 730 Evaluation. A 730 Evaluation relies on a professional’s input and guidance to help the judge make the right decision.
Typically, this evaluation takes place in the evaluator’s office. You, your ex-spouse, and your children must visit the office, and the evaluator will interview each of you separately. The evaluator will then provide his or her recommendations to the court about what is best for your children.
An Upland child custody lawyer from our firm will help you prepare for this evaluation so that you won’t be caught off guard.
You don’t have to go through this alone. You can work with an Upland child custody lawyer who understands California law and how it applies to your case.
Call us at 909-466-7661 or complete the form below to arrange your free case evaluation. We can help both you and your kids achieve the best custody arrangement possible.