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Custody is always awarded based on the childs best interest. According to public policy, frequent and continued contact with both parents after the dissolution of marriage is needed. This way, parents are encouraged to share the rights and responsibilities of child-rearing; unless of course, it is not in the best interest of the child. That is why it is important to have someone with experience on your side when dealing with marriage dissolution and custody and visitation.
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Divorce in it itself is challenging, but it becomes more difficult when there are minor children involved. For this reason, it is important to have strong experienced help at your side. Generally, the court has jurisdiction over the custody of “minor children of the marriage.” Minor children of the marriage are those children who are natural or adopted children of both of the parties within the divorce proceedings.
Under California law, child custody has two parts which include ● Physical custody ● Legal custody Either type of custody may be awarded to one parent or to both parents. When a type of custody is awarded to one parent is it referred to as sole custody and when a type of custody is awarded to both parents it is referred to as joint custody. A court has the discretion to make these decisions. For example, a court can assign joint custody with regard to legal custody but not with regard to physical custody.
A court specifies one parent as the child’s primary caretaker and one home as the child’s primary home for purposes of public assistance eligibility when the court orders joint physical custody or joint legal custody. Although the terms physical custody and legal custody are often used, it is important to describe what they actually mean. Sole physical custody means that the child will reside with, and under the supervision of, one parent. With regard to sole physical custody, the court may order visitation to the other parent. Joint physical custody means that each parent will have significant periods of time with the child based on the agreed schedule of the court and the parties. However, joint physical custody does not mean that the child’s time with each parent is exactly split in half.
Custody is always awarded based on the child’s best interest. According to public policy, frequent and continued contact with both parents after the dissolution of marriage is needed. This way, parents are encouraged to share the rights and responsibilities of child-rearing; unless of course, it is not in the best interest of the child. When the court is determining which parent should be awarded sole custody, the court takes into consideration which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.
There are several ways a court determines what is in the best interest of the child. One way a court determines what is in the child’s best interest is by considering any history of abuse by one parent. A second way is by considering the nature and amount of the child’s contact with both parents. In addition, the court must consider the habitual or continual illegal use of controlled substances, the habitual or continual use of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. The list regarding what is in the child’s best interest goes on.
That is why it is important to have someone with experience on your side when dealing with marriage dissolution and custody and visitation. Patrick Baghdaserians is an experienced Pasadena child visitation attorney and family law specialist who has dealt with a magnitude of custody and visitation cases in his over a decade of experience. Regardless of the reason, divorce is challenging, do not make the process even more difficult on yourself and schedule a consultation with Baghdaserians Law Group, Inc.
ADDRESS: 790 E Colorado Blvd, #360 Pasadena, CA 91101 Contact Details PHONE: 626-460-9525 WEBSITE: https://www.baglawgroup.com/ contact-us/
