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Child custody describes the legal and practical relationship between a parent and child. When parents decide to divorce or separate, their child's custody arrangements must be taken into careful consideration in order to maintain and preserve the crucial parent-child relationship.
Child custody arrangements are often difficult for parents to resolve without conflict. Therefore, it is always beneficial for both parents to seek the advice and counsel of an accomplished Murrieta child custody cawyer who is experienced in California family law.
Contact Tate Law Group, APC or give us a call to speak with an experienced Murrieta child custody lawyer.
The California courts are required to act as the child's advocate and therefore must make custody orders with the best interests of the child as the primary consideration. If feasible and in the child's best interest, both parents will be awarded joint legal and physical custody of their children. However, there are often situations in which such an order is either impractical or not in the child's best interest.
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Foremost in a judge's mind when determining whether to award joint or sole custody to a parent boil down to what is in the child's best interests. Both parents have an assumed equal right to custody—specifically, no preference is given to the mother or father.
The two guiding policies in California are the health, safety, and welfare of the child on the one hand, and maintaining frequent and continuing contact with both parents. Judges may and do consider factors relevant within these parameters in individual cases.
Judges must at all times uphold the child's welfare in determining custody. Judges will not grant custody or even visitation rights to a father of a child conceived as a result of the father's rape of the mother, for example. Custody or unsupervised visitation also cannot be awarded to a parent who has been convicted of certain types of physical or sexual child abuse. Even if the abuse did not result in a conviction but is independently corroborated, visitation rights can be affected. To assure all factors are properly considered in your case, it is highly recommended to speak with an experienced Murrieta child custody lawyer.
Dads are not automatically entitled to 50-50 custody or any custody order. Likewise, nothing in the family code automatically grants custody to fathers solely because they are the dad. The court's standard during a divorce is the child's best interest.
The court will consider many reasons when deciding whether to award joint custody, including the child's wishes, the parent's parenting skills, the parent's ability to cooperate, and the child's living arrangements. The court will also consider the child's age and developmental stage.
If you are a father seeking 50/50 custody in California, you must talk to a child custody lawyer about your options. A custody lawyer can help you understand your rights and can help you negotiate a child custody arrangement that is in your child's best interests.
A significant factor is determining which parent will be more likely to encourage a positive relationship in terms of fostering frequent contact with the other parent. If a parent is shown to have interfered with the child's relationship with the other parent, especially if they have level false allegations against the other parent in an attempt to limit their contact with the child, the accuser may find their custody or visitation restricted.
Parents should understand that custody can be either legal or physical, sole or joint.
Judges who award joint legal custody are not obligated to also order joint physical custody and parents can agree to joint legal custody without agreeing to equal physical custody.
For help with child custody, reach out to the Temecula child custody attorney at the Tate Law Group, APC, and get the critical legal counsel you need! Give us a call to speak with an experienced Murrieta child custody lawyer today.