Determining child custody and visitation arrangements when parents are separating can be difficult. Navigating the legal processes surrounding child custody can be overwhelming and is often further complicated when emotions are running high.
The proper legal representation can provide much-needed support and peace of mind as you work to reach an agreement that best serves your children. The Law Offices of Michelanne Hrubic offer experienced legal help for child custody and visitation cases in Moreno Valley. Whether you are dealing with an existing custody and visitation case or anticipate one in the near future, we are here to help.
Divorcing or separating parents want to ensure that their children undergo minimal suffering throughout the proceedings. However, parents often do not understand their rights regarding child custody and visitation. This could lead to a custody and visitation agreement that is not in the best interest of the children, making an already emotional situation more challenging.
It is important that parents understand the laws and regulations that determine child custody and visitation in California. This eases the process by knowing what to expect and understanding the legal procedures involved. Working with a knowledgeable and experienced child custody lawyer allows parents to approach this process with confidence. The Hrubic team works with each client to provide in-depth, specific information and guidance as the custody and visitation determination is reached.
Child custody and visitation laws may differ depending on the location of the family. Understanding each step that must be completed in a child custody case ensures that there are no surprises for any involved party. In California, child custody matters are handled differently than things such as the division of property and other legal matters.
Unlike other details, any custody agreement must be approved by a judge before it can be implemented in the state of California. Many factors are considered when custody and visitation are being determined. These factors include:
Once all necessary factors have been reviewed, the courts will make a determination regarding the custody and visitation agreement. Parents are given the opportunity to develop a parenting plan that they believe will best fit the needs of their children, but it must be approved by a judge before it can be finalized and implemented. The primary goal of any parenting plan, whether it is developed by the parents or suggested by the judge, is to serve the best interests of the children.
There are two forms of custody in the state of California. Physical custodydetermines where the primary residence of the children will be, and legal custody determines who will have decision-making power for the children. Legal custody provides the parent(s) with the ability to make decisions regarding such things as their children’s religious practice, schooling, medical care, and other things. Depending on circumstances, custody orders will give parents joint or sole custody.
Joint custody refers to an agreement where both parents share custody. In terms of physical custody, this means that the children will spend time with both parents. Joint legal custody, in the same way, means that parents share decision-making power for their children. If there is any disagreement regarding a decision made for a child, then the parents may need to return to court to resolve it.
Sole custody orders grant one parent all of the rights in relation to the children. If a parent has sole legal custody, then they are responsible for making all major decisions regarding their children and do not need to consult the other parent. Similarly, children will spend the majority of their time with the parent who has sole physical custody. This does not mean, however, that the other parent loses all contact with the child. In most cases, the parent who does not have sole physical custody will be granted visitation.
The specifics of visitation are created on a case-to-case basis. Visitation orders will serve the best interest of the children and will be determined by what works best for the parents. There are four visitation orders in the state of California:
Determining custody and visitation orders can be a draining and chaotic process for everyone involved. Having proper legal representation as you navigate the court system through a child custody case is essential for the best possible outcome.
The team at the Law Offices of Michelanne Hrubic understands that navigating a divorce or separation can be stressful and emotional. At The Law Offices of Michelanne Hrubic, we believe that no one should face these situations alone.
We will work to ensure that you understand every step of the legal proceedings and that the final agreement serves the best interest of everyone involved. Let our experienced team assist you through the child custody and visitation journey. If you are dealing with a contentious child custody case or anticipate one in the near future, contact us today.
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