|
 |
Los Angeles Family Law Attorneys & Lawyers
Child Custody
Child Custody Basics
When parents divorce, the divorce decree will specify with which party the children will live how much visitation the other party will have. Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, however, the court may intervene and make a decision based on the child's best interests. Child custody is an extremely difficult and emotional area for divorcing parents to face. Parents naturally want to protect the best interests of their children. California law encourages joint custody arrangements, which gives both parents the right and responsibility to make decisions regarding the children’s future.
Legal Custody
"Legal custody" gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child's welfare -- including the child's education, medical care, dental care, and religious instruction. In most child custody cases, legal custody is awarded to both parents (called "joint legal custody"), unless it is shown that one parent is somehow unfit, or is incapable of making decisions about the child's upbringing. Legal custody is different from "physical custody," which involves issues such as where the child will live.
Physical Custody
A parent who has "physical custody" of a child has the right to provide day-to-day care for the child. The key aspect of physical custody in most child custody situations is that the child will live with the parent who has physical custody. Most modern custody arrangements give physical custody to one parent and grant visitation rights to the other parent. Typically, visitation rights give the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during summer vacations.
A joint physical custody order is rare because the Courts feel that these types of arrangements can be to demanding on the child and interrupts their lives to much.
Reaching Child Custody Agreements
When you need to reach a child custody agreement, you may not know where to start. It can be difficult to move beyond the emotions at hand to come to consensus. Our experienced child custody lawyers will guide you through the process in a reassuring manner. We carefully explain the rights, laws, and the legal procedure to each client, so that they fully understand their options.
Next, we listen to your priorities and concerns, so that we can accurately articulate and address your wishes to the court. Our lawyers are knowledgeable and experienced in all types of custody, visitation, and other issues. Our attorneys can help you reach sound decisions that guard the future of your children, and your relationships with them.
Domestic Violence and Custody
Parents must be very careful if domestic violence is part of their relationship. A party that has been found by a Court of law, whether criminal or civil, to have committed domestic violence is presumed under the law to not be a fit parent to have custody of the children. It is imperative that any victim of domestic violence take immediate action. If the violence has just immediately happened, the victim should call the police immediately. The police have the authority to arrest the abuser as well as issue an EPO (Emergency Protective Order) and remove the abuser out of the family home. Be aware that EPO’s are only good for a couple of days, just enough time to allow you to go to Court and request a Restraining Order from the Court. If you have been a victim of Domestic Violence you need to contact our experienced lawyers as soon as possible to ensure that all of your rights are protected.
On the other hand, if you have been accused of Domestic Violence, you need to speak with an attorney immediately to understand the law and to know the consequences if you are found to have committed domestic violence. Unfortunately, many people will falsely accuse the other party of domestic violence as a means of gaining an upper hand in the Custody proceedings. You will need an aggressive attorney to protect your rights to ensure that you do not lose your right to have custody of your children.
Move-Aways
Literally hundreds of thousands of people move in and out of California each year. Many of these people have children and are involved in a custody dispute with the other parent. When the custodial parent wants to move into or out of California these cases are called “move-aways.” The Court will need to decide whether or not the child will be allowed to move away with the moving parent.
In the recent past, under the California case law, the "primary custodial parent" had the presumptive right to re-locate to a different geographic area with the minor children.
However, under some recent California Supreme Court cases, the law has changed and made it more difficult for parents to relocate with the children, whereas the parent who objects to such a move may be afforded a significant opportunity to fight such a move on the basis that such a move would be detrimental to the minor children.
Whereas under prior law the custodial parent was frequently allowed to move, under this new interpretation the non-custodial parent now has an opportunity stop such a move.
Under recent case law, judges have the "widest possible discretion" in considering a parent's request to re-locate with the minor children. Under this standard if the non-custodial parent can prove a "significant detriment" to the move the court may apply the best interest standard in determining whether custody should be changed to the parent who remains.
In deciding whether to grant the move the court is required to consider the following factors:
- Stability and continuity of custodial relationships
- Distance of move
- Ages of children
- Relationships with Both parents
- Relationships between parents
- Ability to communicate and cooperate;
- Willingness to put needs of the children before their individual interests;
- Child's preference if they can express a knowing and mature preference
- Reasons for move
- Extent of shared custody prior to move request
The practical implication of these recent decisions is that the parent seeking to prevent the move can seek to present evidence that the move itself would be significantly detrimental to the best interests of the minor child. It is likely that litigants will request a child custody evaluation to seek to present psychological evidence showing the impact such a move would have on the child and the child’s relationship with the non-moving parent. However, it is also important to note that this area of law is highly volatile and at the time of this writing that are cases with the California Supreme Court that may continue to change this area of law. It is important for you to ensure that you hire an attorney experienced with handling move-aways and continue to remain abreast on this ever changing area of law. Here at Diamond, Burt & Akhkashian, LLP, we have handled many move-aways cases and we keep abreast of all cases that may affect this area of law.
Grandparent Visitation
Family Code Sections 3100-3104 governs the rights of grandparents.
It allows for grandparents to be awarded visitation under certain circumstances such is if a parent is deceased, or if the parties are separated or divorced and if the court determines that visitation by the grandparent is in the best interest of the child.
However, there is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the child's parents agree that the grandparent should not be granted visitation rights. The law regarding Grandparent visitation is constantly changing, currently the law seems to disfavor liberal visitation rights by grandparents. However, the attorneys at Diamond, Burt & Akhkashian, LLP have successfully obtained visitation rights for many of our clients who otherwise would have no way to visit with their grandchildren.
Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent that is not a party to the proceeding.
The Court must also:
- Find that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child; and
- Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.
Read more about Family Law by clicking the links below:
If you have a Family Law related matter, please contact our Los Angeles Family Law team today!
|
 |
