5 Important Custody Questions To Ask Your Family Law Attorney


5 Important Custody Questions To Ask Your Family Law Attorney


One of main concern of divorcing parents is who will get custody of the children and if visitation rights will be allowed. Making sure your children have a chance to succeed at life is vital. As a result, courts may award custody to one parent or both parents based on the best interest of the children.

If you are filing for divorce, know that the legal process can be tiresome. If children are involved, it is important that you hire a family law attorney who can argue on your behalf. This will give you a better chance of getting the type of custody that works best for you. They can also help with negotiating visitation rights. When it comes to the custody of your child, it is crucial that you ask your family law attorney these 5 important questions.

1. What Factors Help Courts Decide Who Gets Child Custody?

The courts will always act in what they believe will serve the child's best interest. There are many factors courts use to decide who gets child custody. Some of the most common factors include:

  • The nature of the relationship between each parent and child.
  • The developmental and emotional needs of each child.
  • The age and health conditions of each child and each parent.
  • The type of stability each parent's home environment provides.
  • Any evidence of domestic violence and/or child abuse.
  • The willingness and ability of each parent to provide and care for all of the child's needs. This includes both physical and emotional.
  • The child's connection to his or her current community and school district.

The factors above are some of things the courts will consider when granting custody to parents getting divorced in Monterey County. If you have any specific questions about California handles child custody matters, ask your family law attorney. After all, they've spent years learning helping clients just like you. Now is the time to let them help your family.

2. What Is The Difference Between Sole Physical Custody And Joint Physical Custody?

While they may sound the same, there are some key differences between sole physical custody and joint physical custody. It is important that you fully understand the difference between each type before you finalize any custody decisions. Remember, a family law attorney will be advocating on your behalf. Let them know what type of custody arrangement will work best for you and your child.

Sole physical custody is when a parent has full physical and legal custody of the child. If you get this type of custody your child will primarily live with you. You'll also be responsible for making serious parenting decisions. This will include religious, medical, and educational decisions. However, parents who do not have sole custody can still have visitation rights and are still responsible for providing some form of child support.

Joint physical custody is when parents share custody and both are responsible for raising their child. However, joint physical custody does not mean that the child spends an equal amount of time at each parent's home. The custody can be divided in a way that serves the child's best interest. One common joint physical custody arrangements is the child stays primarily at one parent's home during the school year and then remains in the other parent's physical custody during holidays.

3. Who Gets To Decide The Visitation Schedule?

Many California courts prefer parents who are going through a divorce to arrange their own visitation schedule agreement on their own. Your proposed visitation schedule will then be submitted to the court for review. If it's approved then you can continue to move forward. However, if it isn't improved, you can always work with your family law attorney to make a visitation schedule that will be approved.

What if your ex-spouse doesn't want to work with you to create visitation rules? In the event that you and your ex-partner cannot create to a visitation agreement, the courts will create one that reflects the best interests of your child.

4. Are These Divorce Goals Reasonable?

Going through a divorce can be an extremely emotional process, especially if children are involved. During the divorce process, it's important to take a step back every now and then. Remember, you can ask your family law attorney if your divorce goals are reasonable. They can give you valuable feedback to help tone down any unreasonable demands.

Due to the emotional strain involved in this legal process, it can be hard to remain neutral. What you think is a fair visitation schedule or custody plan may not look so fair in the eyes of your family law attorney. By checking in every so often to see if you are being reasonable, you are ensuring you get the expert advice of your family law attorney. By following his or her advice, you are more likely to have the courts rule in your favor.

5. Can Child Custody and Visitation Rights Be Modified in California?

Child custody rights do have the option to be reviewed and modified. In the event of changed circumstances, child custody rights are examined to make sure the child's needs are still being met. This can be a common occurrence since as the child ages, their needs and interests change.

Custody and visitation rights can also be modified. Usual reasons for this include one or both parents decide to move to a different location, switch jobs, or make any other life changing choices. Reach out to your family law attorney if you need any modifications made to your current child custody and visitation rights. After all, it's their goal to help you get the custody arrangement that best suits you and your child.


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