Child Custody Legal Issues.

Child Custody/Visitation - Child custody and/or child visitation proceedings are initiated to obtain the courts determination as to which parent, relative or other adult should have physical and/or legal custody, control and responsibility of a minor child under 18 years of age. The basic consideration on custody matters is what is in “the best interests of the child” or children. In most cases, the non-custodial parent is given visitation rights, which usually includes weekends, parts of vacations, and alternate holidays. If changed circumstances warrant (as they often do), the court can always change custody and visitation orders previously entered by the court.

California courts provide for temporary custody after a separation when the parents are unable to decide amicably how to handle the custody of their children pending a permanent custody arrangement at the time of separation. Although this could be in the best interest of the child at the time of separation, it may not ultimately be in the best interest of the child and more permanent orders may be more suitable.

Legal custody is another issue in the California child custody process. Legal custody determines which parent, possibly both, is able to make the legal decisions for the child regarding education, health care, religion, and his/her general welfare. Joint legal custody and sole legal custody are the two different types of legal custody in California. Joint legal custody splits the decision making responsibilities between the parents. Sole legal custody allocates all of the decision making power to one parent. In California most parents are awarded Joint Legal Custody.

Physical custody determines where the child actually lives most of the time. The “custodial parent” generally has Physical custody. The non custodial parent usually has visitation rights generally consisting of alternating weekends, parts of vacations, and alternate holidays.

If you have additional questions and would like to speak with an attorney, please feel free to contact a lawyer in our Orange County office.

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Real Property Concerns

If you or your spouse own a house, there may be some community property interests associated with the house (not to mention the rights associated with child support) and even if the house is not a community property asset, you may be entitled to reimbursement for community funds expended on the separate property of your spouse. If you have any questions regarding the characterization of your property and your rights therein, please feel free to contact a lawyer in our Orange County office located in Newport beach as we would be happy to assist you.

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