Child Custody

Custody can be either physical custody or legal custody. Now, what is legal custody? Legal custody means, in the simplest terms, the ability to make decisions regarding the child’s medical, educations, religious upbringing, obtaining a passport or changing the last name of the child. If one parent has sole legal custody, that parent can make those decisions on his or her own. If the 2 parents have joint legal custody, both parents have to participate and they have to consult with each other about those decisions. Physical custody means simply…

The goal of California law regarding child custody agreements is to ensure frequent and continuing contact between the child and both parents. If circumstances change, either parent may request a modification in the agreement. However, willfully interfering with the parenting time of the other parent is not acceptable, and in some cases, can constitute a misdemeanor offense. Do you suspect that your ex-spouse is trying to subvert your visitation rights? Misunderstandings about parenting time often arise from poor communication. Try to be as clear as possible about your agreed upon…

What You Should Know About Custody Battles Child custody disputes in a divorce, especially when involving a father, are often emotionally charged and complex, involving intense negotiations between parents and, at times, intervention by a family court judge. During these difficult proceedings, some parents may be tempted to bribe the other parent or, worse, their own children, to gain an advantage in the custody case. Bribery in child custody disputes may start with harmless trinkets but can complicate the family dynamics. However, such actions are considered bribery and can be…

If the courts have set out a specific visitation schedule based on their perception of the best interests of the children, it can be extremely difficult to have that visitation stopped. In general, the court will place limitations or cease visitation only if the children’s physical well-being, emotional development or overall safety is at risk through continued visitation. If you, as the custodial parent, stop allowing court-ordered visitation (no matter the reason) be aware that you could be held in contempt, could be subject to an injunction and could even…

In today’s highly mobile society, families frequently move for career reasons. Also, when couples divorce, the custodial parent may move to be closer to an extended family member who can help with the transition to the post divorce lifestyle. California laws support the custodial parent’s ability to move if it is in the child’s best interests. However, parents must inform the court of any moving plans, especially when moving out of state. Under the California Family Code Section 7501, custodial parents are entitled to move but are subject to the…