Basic Aspects of Child Custody Law You Should Know

If you find yourself in a child custody case, you should be aware of both the basics of child custody law and how the process works. Always seek a skilled child custody attorney in Covina who specializes in family law unless you are completely aware.

To begin, there are two essential parts of child custody: legal possession and physical custody. Legal custody entails being in charge of and making decisions about the child’s fundamental requirements, such as health, education, and welfare.

If one parent has exclusive legal custody of the children, that parent can make all child-related decisions without consulting the other. Parents are sometimes given shared legal custody and decision-making authority.

Depending on the circumstances, different degrees of custody may be granted. A spouse may have legal guardianship, but they may also have a responsibility to confer with the other parent and tell them before making any decisions. To avoid situations where the parties get stuck and are unable to conclude, it is typical for one parent to have decision-making authority.

The physical custody of a kid is another part of child custody law. This defines the physical location of the kid. Sole physical custody indicates that the kid will spend most of his or her time with one parent and will see the other parent only on occasion. True joint physical custody, on the other hand, is when both parents have equal physical custody.

  • Physical custody may be available in different ways.

Physical custody is usually a source of contention since each parent wants to protect their rights first and foremost. The law, on the other hand, will have to prioritize the child’s best interests. However, in real life, the best interests of the kid may not be clearly defined, and what appears to be best to one person may not appear to be so to another.

The court will attempt to be reasonable to both parents, but equal time for both parents is rarely attainable or practical, and one parent will be forced to make a compromise. Parents, in my opinion, should also understand that the child’s needs come first.

Too frequently, parents focus solely on the reasons why the other parents should not have custody, oblivious to their flaws.

In child custody battles, emotions might run high, but in the end, the conclusion on each issue must be determined only on the facts of that case. Parents should avoid contrasting their custody situations to those of others they believe are comparable.

When a divorce is unavoidable, it is critical that parents first draw up a custody agreement, outlining how the parties will handle shared custody time with their children. Although the courts have the authority to decree a custody arrangement, arrangements established directly between both parents have a better likelihood of working out than those imposed by the court.

If you need any kind of probate help, you can take help from a Probate attorney in Covina.