Going through a divorce is difficult and emotional, especially when children are involved. Both parents want what is best for their children, although sometimes the parents disagree on what that is. Custody of minor children is a big issue that must be decided when parents are going through a divorce or separation. California law considers several factors when making custody decisions, and the Encino family law attorneys at Diarian & Bociaga have the experience you need on your side when going through a custody dispute. Contact us today by calling (818) 205-9090.Â
Basics Of Child Custody In California
There are a few different terms you may hear when discussing child custody. Joint custody is a common term heard when both parents are involved in the child’s life. Joint custody occurs when the parents share the decision making authority for the child. California law recognizes the fact that it is in the best interest of the child to have both parents active in the child’s life. Therefore, joint custody is presumed by the court unless there is evidence that warrants a different arrangement (California Code, Family Code – FAM § 3080).
Even though the parents may have joint legal custody and shared decision making authority, that does not necessarily mean they will split physical custody equally. Even in joint custody situations, the child may spend the majority of his or her time with one parent and have scheduled visits with the other parent. When visitation is allowed, it usually occurs on a regular schedule, like every weekend or every other weekend. In some cases, virtual visitation through video calling may be granted.
Factors Affecting Child Custody
When making child custody determinations, there are several factors that must be considered. These factors include the child’s age, health, school situation, ties to the community, any history of abuse, and other factors. In some situations, California does allow the child’s preference to be taken into account. Above all else, the best interest of the child is always the top priority. Couples often agree on custody arrangements, and the judge will approve those agreements as long as they are in the best interest of the child.
Child Custody Agreements
Many people wonder who makes the final decision on the details of custody agreements. The good news is that parents can agree on the details on their own. Keep in mind that the custody agreement must be in the best interest of the child or the judge will not approve it. In some cases, parents are unable to reach an agreement on their own. When that happens, a judge will hear the evidence, consider the factors mentioned above, and make a final decision on custody.
Contact An Encino Child Custody Attorney For Help
If you are going through a divorce and have minor children, you need an Encino divorce attorney who knows the ins and outs of California child custody laws. Diarian & Bociaga can help you with all of your child custody needs. Whether you need assistance putting together a child custody agreement or you need someone to help you fight for custody in court, our team has the expertise you can rely on. Contact our office today so we can get started helping you right away.