Riverside Child Custody Attorney
Going through a divorce can be a long, difficult, and emotional time in your life. Having a child in the situation only becomes more complicated and difficult because the court now needs to determine the details of the custody arrangement. If you are going through a divorce and are concerned about the wellbeing of your child, a Riverside Child Custody Attorney is here to help.
How Custody is Determined
In a custody hearing the top priorities of the court are to ensure that the child is taken care of and to promote the ability for the child to have a relationship with both of his or her parents. The parent that is more willing to put aside marital differences for the good of the child, as well as the parent who is best able to care for the child, has a significant advantage when it comes to gaining custody. There are other factors which can be considered which include grandparent rights.
In most situations, the first step in determining custody is mediation through the county’s mediation and investigative service. The goal of this service is to bring both parties together to try to form a mutual custody agreement that outlines each parent’s rights and responsibilities without intervention from the courts. In situations where mutual agreement cannot be reached a custody hearing at a court will be scheduled. In especially difficult situations, an attorney may be appointed to represent the interests of the involved children.
Major factors that determine which parent is granted custody of the child include:
- the stability of each parent’s home environment,
- any history of domestic violence,
- the quality of education available to the child,
- the employment responsibilities of the parent,
- the parent’s ability and willingness to communicate with the other parent,
- the child’s preference, if they are of age to make such a decision.
Types of Custody
While making custody arrangements, it is important to note that there are two different kinds of custody: legal and physical.
Legal custody refers to the right to make decisions for your child. This includes the ability to access medical and educational records, sign them up for school or religious education, and to make other decisions that are in your child’s best interests. In most situations, both parents retain legal custody of their child.
Physical custody refers to the living arrangements of the child. In general, one parent retains physical custody of the child who lives with them on a permanent basis. The other parent often, but not always has visitation rights or may take care of the child for specified periods of time. For example, one parent may take care of the child during the week while the other takes care of the child on the weekend.
Common Questions Regarding Child Custody
If the other parent does not have contact with me or the child, can I receive sole legal custody?
A judge can award sole legal custody a parent if they request it. You will need to attend a hearing and provide evidence that shows that you should be granted sole legal custody. Evidence that the other parent is no longer involved in the child’s life or has not acted in the child’s best interest will suffice to be awarded sole custody. Child support may also be issued in certain circumstances.
What do I do if I fear that the other parent is a danger to my child?
In a situation where you fear for the safety of your child, you can request an emergency hearing with a judge to pursue sole legal/physical custody of your child or supervised visitations. Given the time-sensitive nature of such requests most counties will grant you a hearing within a few days.
Can a custody agreement be changed after it has been agreed upon?
Once a child custody agreements has been put into place, it remains modifiable. You can either work with the other parent to draft a new custody agreement and present it to the court for confirmation, or you can submit a motion to the court modify the orders. Coming to an agreement with the other parent is the preferable option because you will not need to attend a hearing to make the change. If you file a motion without the knowledge or approval of the other parent, you will be required to make a case as to why the agreement should be modified.
How a Riverside Child Custody Attorney Can Help You
Divorce is a difficult thing to deal with and adding the issue of child custody on top can further complicate matters. Child Custody Attorneys have the experience and knowledge to help you negotiate with the other parents, prepare for hearings, file the proper paperwork, and make your case for retaining custody or getting visitation rights. No matter what situation you find yourself in or your goals for the outcome is to help you. You can also check out the Riverside superior courts website here for additional information and the San Bernardino site here.