One of the most frequently contested issues in a California divorce action revolves around the custody of the child.
I don’t know how many times I have been asked, “Will I get custody of my children?” If you are going through a fairly agreeable divorce, you and your spouse can probably work out a joint custody agreement.=
However, if things aren’t going smoothly, you need the help of an experienced and skilled Orange County Family lawyer because the court will intervene and make the decision for you. The judge, in most cases, believes that two parents are better than one and it is important for your child to establish a close relationship with both.
The judge awards child custody based on what he or she believes to be in the best interest of your child. Several factors are taken into consideration:
· Each parent’s lifestyle, finances, health
· The child’s gender, age, health, relationship with each parent
· Maintaining stability in the child’s life
· Older children are allowed to give input as to where they would prefer to live
· Negative behaviors on the part of a parent can have a huge affect
· Allegations of abuse or neglect are looked into
There are different types of custody that can be awarded, including:
· Legal Custody – the parent or parents make major decisions regarding their child’s
upbringing
· Physical Custody – the parent where the child resides
· Sole Custody – one parent has both legal and physical custody
· Joint Custody – both parents share legal and/or physical custody or both
If you are considering filing for divorce or are already a party to a divorce proceeding, you may face many difficult decisions and emotional challenges. The attorneys at The Law Offices of Amy M. Montes are committed to defending your right to play an important or even exclusive role in your child’s life.
