Divorce is often one of the most upsetting experiences of a person’s life. It can be even more difficult when there are children involved. Though some couples are able to settle child custody disputes without legal action, sometimes, litigation is inevitable. If you need help settling your child custody case, you should consider hiring a Murrietta child custody lawyer.
Child custody determines how the rights and responsibilities of a child or children are divided amongst their parents. You may believe that custody only refers to with whom the child lives; however, it is much more complicated. There are two types of custody: legal and physical. Legal custody refers to who makes decisions about how the child is raised, such as their religious upbringing, education, etc. Physical custody determines where the child lives and who cares for them.
Depending on the agreement, parents can share either legal custody or physical custody. This depends on many factors, including the child’s relationship with their parents, the mental and emotional health of each parent, or the proximity of the parent to the child’s school.
While it is beneficial to the children for parents to come to a harmonious, amicable agreement; sometimes, court proceedings are required to create child custody arrangements. Even if parents can come to an agreement, it is important to petition the court to make the agreement legal in order to protect the child or children.
When a child custody case goes to court, the judge will determine if parents will have sole or joint custody of the children. Sole custody means one parent has full custody of the child. They make critical decisions about their child’s upbringing, and the child lives with them. Even if one parent has sole custody, however, the other parent typically has visitation rights. Joint custody is when both parents share custody, or rights and responsibilities, of the children.
Joint custody is not always split equally. One parent may have legal custody and physical custody, while the other only has physical custody for summers or weekends, for example. Unless one parent displays violence, frequently uses controlled substances, or suffers from an unmanaged severe mental illness, joint custody tends to provide more stability and normalcy for the child.
The first step in the child custody process is outlining a parenting plan. A parenting plan determines three things:
Parents can agree to a parenting plan, but oftentimes, a court order is required to determine the plan. It is important to note that without a parenting plan, both parents have equal rights to the child.
Next, one or both parents should petition the court to determine child custody arrangements. Child custody can either be joint or sole and involves both legal and physical custody.
Then, parenting time is determined. Parenting time can be open, with a schedule, supervised, or with no visitation. The latter occurs when a child is at risk of being physically, mentally, or emotionally harmed by the parent.
In California, weight may be placed on the child’s preferences, but the main factor in determining custody is identifying what is in the child’s best interest. Children who are old enough and in good health can weigh in on who they prefer to live with or who they prefer to make decisions for them, though this is not required.
Other considerations that impact the child’s well-being are their home and communal connections, their emotional relationship with their parents, and which parent is most likely to allow contact with the non-custodial parent.
Sometimes, child custody impacts child support, but this is not always the case. Whether or not a parent has joint or sole custody, they may be required to make support payments. Factors that determine child support are the custody arrangements, the parents’ income, and the child’s and parents’ expenses. Factors that are not considered in California are sex, gender, and sexual orientation.
A: The cost of a child custody lawyer varies in California. Several factors should be considered before choosing a child custody lawyer, including the hourly rate of the lawyer, the case complexity, case length, and the cost of living in the county where the parents reside. Uncontested cases where both parties agree, for example, tend to be less time-consuming and less costly than contested cases.
A: Child custody cases can either be contested or uncontested, and uncontested cases often cost more. Contested child custody cases mean parents cannot agree on custodial arrangements or one or both couples have a history of violence, abuse, substance abuse, or mental health concerns. Uncontested cases occur when both parties agree on custodial arrangements, including scheduling, legal, or physical custody arrangements. Uncontested cases tend to be less costly as they are less time-consuming.
A: The law doesn’t require you to hire a lawyer for child custody in Murrieta, CA, but it would be unwise to go without one. Whether your case is amicable or contentious, you must still file your agreement with the court to ensure your arrangement is legal, and it is suggested you hire a lawyer to make this process easier. Your attorney can ensure your child’s interests are protected and that your arrangement is fair.
A: There are several factors that determine the length of a child custody case in Murrieta, CA. It may be quick or be dragged out depending on how complex the case is, the court schedule, the relationship of the parents, or the type of case. If there is a divorce case in conjunction with the custody case, this can extend the time. In general, couples who have a more amicable relationship tend to have quicker proceedings.
At Najera Law Group, APC, we can help you navigate the legal process of child custody. Contact us today to learn more about our offerings.