If each parent wants sole custody of the child, the court examines each parent and determines which home environment is best for the child. In certain cases, the court will check with the child to see whether they have a preference on where they want to live. The most popular court visitation arrangement gives the child’s mother full custody and grants the father part-time visitation based on his availability. However, this pattern has recently changed, leaving both parents with shared custody and mediating to decide the best visiting schedule for both parties.
Common Custody Arrangement
Legal custody of a child/children means that you have sole discretion on how the child is raised, including schooling issues, religious beliefs, and medical care. Parents can be assigned with either sole or joint legal custody of the child. In situations where one parent is unfit, the other parent will be granted sole custody. Physical custody refers to with whom the child resides.
Determining Factors For Child Custody
First & foremost, the child’s best interests are considered. The emphasis is on the child’s requirements and desires rather than the parents’ expectations and desires. The court system seeks to protect continued and regular communication with both parents. However, circumstances in parents’ lives can cause the courts to doubt whether contact will be in the child/children’s best interests.
Interference With Custody Orders
Offensive behavior by either parent in regards to custody orders is not recommended. However, poor behavior does not mean that legal action can be taken against the other party. To make sure that custody orders are carried out to the letter, create the most specific custody order you can with the help of an accomplished child custody lawyer. This way, if the other party creates a situation in which you do not feel comfortable, you will have a court order to examine their actions. If their actions are in direct violation of the order, then legal action may be taken.
Do not waste time in the uncertainty of losing custody of your kids or having the least visitation rights by not grasping child custody laws. Contact Mr. Binoye Jos at Jos Family Law for the best advice. Find the right custody arrangement and guarantee success with the top Orange County child custody attorney. For a free initial consultation, call Jos Family Law at 1-714~733-7066.