Child Custody Attorney in Temecula
When parents are no longer living together, both parents want to spend as much time with their children as possible. It is a sad reality that when a breakup occurs, it is likely their children will not spend all of their time with one parent. Parents will need to learn how to share legal custody, and the children will have to adjust to being shuffled between two households. In Riverside County, San Diego County, and San Bernardino County, the norm these days is some form of shared custody.
This can look very different depending on each parents’ situation. For instance, a parent who travels frequently will likely not be awarded as much time as a stay-at-home parent. A parent who has been convicted of domestic violence may only be awarded supervised visitation. When awarding custody, courts have several options. California courts can make many different custody awards.
Qualities to Look for in a Child Custody Attorney
When choosing a child custody attorney in Temecula, it’s important to look for someone who has the experience and qualities necessary to successfully represent you in court. Some of the key qualities to look for include:
- Experience: Look for an attorney who has a strong track record of success in child custody cases.
- Communication Skills: A child custody attorney who is able to communicate effectively and clearly is essential.
- Compassion: Your child custody attorney should be compassionate and understanding of your situation.
- Attention to Detail: Your attorney should be meticulous and pay close attention to the details of your case.
Possible Child Custody Awards
- Custody to the mother only, with limited, day visits to the father
- Custody to the mother only, with supervised visits to the father
- Custody to the mother primarily, with overnight visits to the father
- Custody to the father only, with limited, day visits to the mother
- Custody to the father only, with supervised visits to the mother
- Custody to the father primarily, with overnight visits to the mother
- Joint custody with a week on, week off schedule to each parent
- Joint custody with a split week and every other weekend to each parent
In a child custody case, who gets custody of the children is based upon a number of factors.
Factors which influence the outcome of a trial
- What is the work schedule of each parent
- Does either parent require a babysitter during his/her time
- Who has the best history of caring for the children
- Who primarily takes the children to the doctor
- Who primarily takes the children to school or daycare
- Who primarily does the day-to-day chores for the children
- Who is more flexible in working together with the other parent
- Which parent is more reliable Whether either parent has a history of domestic violence
- Are the children safe to be around both parents
- Whether either parent has a criminal record
- Whether either parent has neglected the children
- Whether either parent abuses the children
- Is either parent addicted to drugs or alcohol
- Do both parents have appropriate housing for the children
- Do the children have beds at each parent’s home
- Are both parents able to provide for the children’s basic needs
- Are both parents able to transport the children to school
- Are both parents able to pick up the children from school
- Are both parents able to help the children with their homework
- Are the children safe to be around both parents
- Do the children have behavior problems at one parent’s home
- Do the children have emotional problems when with one parent
Important note on Child Support
Evaluation & Child Custody Determinations
In some challenging custody battles, the court may order the parents to undergo an evaluation to see if they are fit to secure custody of the child or children.
Either parent has the right to request a child custody evaluation, even if the court doesn’t see it as a requirement in the proceedings. We recommend you seek advice from our experienced divorce attorneys about your parental rights in child custody arrangements.
Having a qualified and experienced child custody lawyer on your team may help you secure the outcome you desire and place your child’s best interests at the center of the custody arrangement. Speak to one of our child custody attorneys about your child custody case today.
More info can be found here
Child Custody FAQ – California Law
Physical custody refers to the location where a child will reside following a divorce or separation. Physical custody differs substantially from legal custody. The parent who has physical custody is entitled to the child’s physical presence in the home.
In California, either parent may have sole or shared custody of the children. The judge makes the final determination regarding custody and visitation, but typically approves the arrangement (parenting plan) that both parents agree to.
Primary Physical Custody ( 3007, California Family Code): A sole physical custody arrangement stipulates that “the child will reside with and be supervised by one parent, subject to the court’s ability to order visitation.” Consequently, your child will reside with a custodial parent, who could be you or the other parent.
A judge may order the higher-earning parent to pay child support even if physical custody is shared equally between both parents. If you are the higher-earning parent in a 50/50 custody arrangement, you may be required to pay child support.
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