Legal Lowdown

When two parents divorce, the welfare of the children is always a top concern. Questions will arise over where the kids will live and how much they will see of the non-custodial parent. There are many factors that govern the child custody process in California; so many that it pays to have a professional on the job that can make the entire complex process a little easier.

Legal vs. Physical Custody

Custody comes in many different forms, which is why a child custody lawyer in Irvine is essential to protect the rights of each parent and the child and to ensure the process goes forward smoothly. Physical custody refers to the home that the children will live in, while legal custody deals with the decisions that will be made in raising the children, such as where they will go to school, what religion they will follow and how their health care will be managed. It is typical to award joint legal custody to parents so that they both have a say in how their children will be raised.

Sole vs. Joint Custody

Two other types of custody that must be considered are sole and joint custody agreements. Sole custody is a rare settlement that is primarily used if one parent is deemed unfit to care for the children. This may be the case when one parent is a substance abuser or has been found guilty of domestic violence. In this situation, it is important for the custodial parent to seek the assistance of an Irvine child custody lawyer who can handle the sole custody arrangements and any other motions that might need to be filed like a restraining order against the other parent.

Joint custody is the more typical type of agreement, but it can take on many different forms. True joint physical custody is actually a rare arrangement since splitting time equally between two homes is usually more stressful to the child and parents alike. It is more typical for children to live with one parent most of the time, and spend one night a week and every other weekend with the other parent. School vacations and holiday time are also usually split between the two. This type of arrangement is often accompanied by a joint legal custody, allowing both parents to have a hand in the child rearing duties. Because there are so many types of custody that must be decided in each individual case, it is helpful for all parties to have their own representation of an Irvine child custody lawyer to ensure everyone’s rights are protected throughout the process.

Modifications

Even when a custody arrangement is agreed to by both parents, there will be times when modifications will need to be changed. There are instances where one parent will have to move to another state or when a new work schedule won’t allow the same custody arrangement to continue. In these cases, it is important to contact an Irvine child custody lawyer who can assist in the modification process so that all parties end up with a modified schedule that they are happy with. This professional is the key to a custody settlement that works for everyone involved.



By: Justin

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