Divorce: Child Custody and Visitation
In respect of child custody, they are two types of custody:
Legal custody - which refers to the right to make important decisions about the child’s welfare including health, education and religious activities. The court may order joint legal custody, where both parents have equal rights to make these decisions or the court may order sole legal custody where only one parent has the right to make all or some of these decisions.
Physical custody - this is where the child lives and who will be responsible for child’s daily care. The court can order joint physical custody among both parents or sole physical custody to one parent.
In respect of the custody types, the attorney stated that “it must not be assumed that because a court has awarded joint legal custody that it will automatically order joint physical custody. While California laws favors joint physical and legal custody, the court determines all aspects of custody based on the child’s best interests and on two guiding policies set out in California law; the first policy is that the health, safety and welfare of the child is the primary concern of the court and second is the child’s benefiting from frequent and continuous contact with both parents.”
Parents who agreed can have their own custody and visitation arrangements, if they are willing to cooperate and compromise. Often, parents can and do work out their own custody and visitation agreements. When the parents reach an agreement outside court, the agreement must be put in writing and submitted to a judge for review. If approved by the judge the custody agreement becomes a court order and must be followed by both parents. However, where parents are not in agreement, the attorney stated, “it is required by law that the parents try mediation before going to a judge to decide on child custody. In mediation, a mediator, who is a neutral third party trained for working with divorcing couples, meets with the parents to help them identify issues and find ways to reach an agreement. If successful and the parents agree on the custody arrangements and the judge signs the agreement and it becomes a court order. However, if the mediation is unsuccessful then the parents will have to attend a hearing where the judge will decide on the child custody”.
If a parent has questions with regards to child custody and support, mediation and child custody and support hearings it is recommended to seek legal advice from an El Dorado County child support attorney from a renowned law firm.
About the company:
Natalia V. Jeffs, Attorney at Law is a law firm or professionals who specialize in divorce and family law matters. The founder of the law office, Ms. Jeffs, has over eighteen years’ experience in divorce law. For family law in El Dorado County contact the Natalia V. Jeffs, Attorney at Law.
Company Name: Natalia V. Jeffs, Attorney at Law
Address :4944 Windplay Dr., Ste. 380
City :El Dorado Hills
Country : USA
Office Phone Number:916-933-3308
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