Child custody is probably the most important legal matter in a divorce. If a couple heading for divorce cannot arrive at a good custody plan for their children, the court will do it for them.
The court, under the California Family Code, assures the best interests of the children when determining which parent should have custody and which should have visitation. It takes into consideration the relationship each parent has with their child. It looks for frequent and continuing contact with each parent.
The court looks to award joint legal custody, giving each parent the right and responsibility to make major decisions regarding the children’s safety, health, welfare and education. Another custody option is joint physical custody where each parent has a certain amount of time with the children – making sure the other parent continues to have contact.
Divorce is a traumatic time for each spouse and especially the children. If you are going through a divorce and cannot come up with a good parenting plan for your children, contact an experienced Orange County Family Law attorney who will explain the divorce process to you and how it related to the custody of your children. Your children should always come first.