Menu
Custodial attorney in California, United States
In custody attorney are involved in custody and custody law, custody is commonly used for children. In this article we are going to discuss the laws that regulate custody, as well as how a custody case works legally.
How does custody work in California, United States?
Custody is divided into two areas: legal and physical. Physical custody is simple, since it is about defining with whom the child will live. Physical custody also means that the parent will be obligated to attend to the physical, emotional, and social needs of the child directly, such as food, shelter, community involvement, education, among others. Physical custody can be divided, but only if the parents live close together so that this does not put stress on the child.
Legal custody refers to the right to make decisions about the upbringing of the child. This includes factors such as education, religion, medical care, among others. Most courts prefer that the parents have joint legal custody, even when a child spends most of his time with one parent.
Types of custody agreements
- Alternate: parents take turns having physical and legal custody.
- Shared: parents share legal custody, but physical custody is alternate.
- Joint: both parents have simultaneous physical and legal custody.
- Individual: only one parent has physical and legal custody.
- Divided: each parent has full custody of certain children in the marriage.
The main doctrine of the courts when creating a child custody agreement will depend on what is in your best interests. If the court decides that it is better for one parent to have individual legal and physical custody, it will only be awarded to that parent. This is something that you can discuss with a custodial attorney.
Sharing physical custody means sharing risks and benefits. The main cost to the non-custodial parent is going to be major medical bills or any expenses related to the child, such as new clothes or school uniforms. It will be considered “non-custodial” if both parents live outside the family home.
When is it necessary to hire a custodial attorney?
Legal custody can be negotiated between the parents and an agreement reached, but it is almost always best to have a custody attorney. Once there is an agreement, the custodian attorney does all the necessary paperwork to create legal custody of the child.
A custody attorney is very important if you are in conflict with your ex or have additional legal problems related to the divorce. The courts will not be very careful when assuming custody, so a custodial attorney will provide you with the legal knowledge and information necessary to make the right decisions and protect your interests.
Non-custodial parents are less likely to receive visitation from the child if they believe there are risks of joint custody or they conflict. If you are involved in a custody case, it is best to immediately hire a custodial attorney before filing any petition with the court. Courts always prefer joint custody with both parents, but if there is evidence that this type of custody will be a difficult task for the non-custodial parent, only one will be awarded.
There are many types of custody agreements and all of them are valid under US law. For more information on any of the topics in this article or to speak with a custodian attorney, please contact us using the form below:
You can also communicate through (909) 319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or send us an email explaining your case to info@sleeplessattorney.com
