Child custody agreements are an essential aspect of any family divorce. However, matters involving children are known to become contentious quickly between separating parents, making the divorce process much more difficult. This makes it critical to work with an experienced divorce attorney who is familiar with the different laws regarding child custody here in California. If you are going through a divorce in San Bernardino, and need legal assistance with child custody, see how our firm can work with you.
At the Law Offices of Michelanne Hrubic, our goal is to provide professional, compassionate legal assistance for southern California residents dealing with family law issues. For child custody, our team is well aware of how complex these cases can become. Luckily, we have years of experience representing the rights of both our clients and their children. We are committed to always fighting for your interests. Whether you want visitation rights, or you are trying to win primary custody of your children, our team at the Law Offices of Michelanne Hrubic can work with you. Our firm can find the ideal solution for your divorce.
When a married couple that had children together decides to divorce, they must address multiple matters regarding their children’s welfare. Child custody is the term used to describe the legal right of an individual to have guardianship over a child. This also comes with the responsibility to care for them. There are two main types of child custody, both of which can be awarded differently depending on the circumstances of the divorce. The two primary forms of child custody in California include:
Physical custody refers to the right of a parent to have their children physically stay and live with them after the divorce is finalized. A parent who has physical custody of a child is responsible for providing them with a stable home and caring for their essential needs.
Sole Physical Custody
In some circumstances, the court decides that it is more beneficial for the child to only live with one parent. When this occurs, it is referred to as sole or primary physical custody. The parent granted sole custody is referred to as the “custodial” parent and has the “sole” right to have the child stay with them. Depending on the case, the noncustodial parent, which is the party that does not have sole custody, may be granted visitation rights.
Joint Physical Custody
In other situations, spouses or a judge may decide that joint physical custody is better for the children. Joint physical custody gives both parents the right to have their children stay or live with them. This helps to provide a bit more stability for the children’s relationship with each parent. Every joint custody case looks different, depending on what works for the children’s and parents’ schedules. Some common joint custody arrangements include:
Legal custody is the right given to a parent or guardian that allows them to make imperative decisions on the child’s behalf. This includes making choices regarding their education, their health, their religion, and their overall welfare.
Sole Legal Custody
Sole legal custody refers to when only one parent has the right to make these decisions. It is not extremely common in divorce cases. It most often occurs when:
However, it is possible for it to be awarded for other reasons if the court believes it is more beneficial for the child.
Joint Legal Custody
Joint legal custody gives both parents the ability to make important decisions for their minor children. With joint legal custody, both parents technically have the right to make decisions on their own. However, it is strongly suggested that they always consult with the other parent involved.
It is the responsibility of the family court to prioritize the interests of children in a divorce. However, working with a qualified family lawyer can help to ensure that your children’s needs are properly identified and met throughout your proceedings. At the Law Offices of Michelanne Hrubic, our lead attorney has assisted countless families through difficult divorce and child custody cases. We can help you better understand divorce and custody law. Our team can also guide and represent you throughout litigation.
We know that child custody can be an intense, emotional matter. This is why we are dedicated to fighting for the optimal outcome for every one of our clients. With extensive experience and knowledge of family law, our firm can make a massive difference in your San Bernardino child custody case.
Visitation refers to the right of a noncustodial parent to be able to see their children. It can come in many forms and with varying restrictions, depending on the circumstances of the divorce and the parent-child relationship. Common visitation examples look like a noncustodial parent getting to have their child sleep over every other weekend or once a month. In other cases, there may be restrictions in place, like required supervision for the parent and child to be able to meet.
At the Law Offices of Michelanne Hrubic, we believe that no individual should have to deal with complex legal matters on their own. That is why we offer some of the most trusted family law services here in southern California. If you are looking for assistance with a child custody case in San Bernardino, our team is prepared to evaluate your situation and work to find a solution. For more information on our child custody and family law services, or to learn more about our firm, contact us today.
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