The laws on child custody vary by jurisdiction, but most states and regions, including California, follow a general set of guidelines structured to be equitable and fair and to protect children’s interests. Knowing and applying child custody laws is key to ensuring a good outcome for you and your child if you are a party to a child custody dispute. In the case of child custody, you might have engaged a child custody attorney, but a good understanding of the rules will make you a competent participant in the proceedings and help you ensure that your lawyer advocates with due diligence.
Child custody law intends to decide on the best interests of the child. A reasonable child custody decision demands consideration of the wishes of the parents, the child, as well as the child’s relationship with each parent, their brothers and sisters, and other influential persons.
Other aspects considered include the home atmosphere of the child, education, community, the physical and emotional well-being of the parents. In the legal proceedings, the court will decide which parent will have the physical and legal custody of the kids that are the focus of the case.
Physical custody means that a parent has the right to have a child live with him or her. Many states’ laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.
In law, legal custody refers to the right to make decisions about a child’s upbringing, which includes decisions about the child’s education, religion, and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by state and federal government.
The current trend in child custody law is a preference by courts to award joint custody to parents based on the reasoning that having access to both parents is in a child’s best interest. In most applications of child custody law, joint custody means that each parent shares equally in the decision-making process, and tax benefits are also equitably shared.
In law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward granting visitation rights to non-custodial parents.
However, the judiciary may place restrictions on the visitation of non-custodial parents. Visitation will vary from a few weeks and months of unsupervised time with your kids to supervised visits every other weekend.
Cases in which child custody law would deny visitation rights include non-custodial parents who have abused the child or non-custodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.
In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her. Child custody laws in many jurisdictions require custodial parents to notify and gain the non-custodial parent’s agreement before he or she can relocate to another place far away. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.
The office of Jos Family Law is known to have an excellent success rate winning most child custody cases. They just may be the answer to help you get custody of your children. Explore the right custody agreement and effectively ensure a victory in your custody battle with the top Anaheim child custody attorney. Contact Mr. Binoye Jos at 1-714-733-7066 for a free initial consultation.