One of the most complicated issues in a divorce is that of child custody. Child custody is the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to take care of the child. Each parent has an equal right to the custody of the child when they separate. But what is important is to protect the rights of the children involved in divorce so that their life is not negatively affected after divorce. There are various kinds of child custody, like- Alternating custody, shared custody, bird’s nest custody, joint custody, sole custody, split custody and third-party custody.
The family courts in California consider a number of factors before granting child custody to a parent. While determining the child custody, the courts in California strives to reach a decision in “the best interests of the child”, considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school and community, and the mental and physical health of the involved individuals. Thus, in short, the most important factors which are given due consideration while determining child custody in California are-
The best interests of the child,
Which parent is more likely to encourage frequent visits with the other parent,
History of domestic violence, and
History of drug or alcohol use by either of the parents.
The parent with custody controls decisions pertaining to the child’s education, religious upbringing and health care. When a court awards exclusive child custody to one parent, the non- custodial parent maintains the right to see and visit the child, absent extraordinary circumstances. If the court’s custody decree fails to mention visitation rights, the law implies the parent’s right to visitation. Thus, an express prohibition on visitation must exist within the decree in order to deny parental visitation rights because visitation rights stem from the fact of parenthood. If a party convinces the court that visitation rights would be injurious to the child’s best interests, then the court may possess the authority to deny visitation rights.
Thus, you can see the laws regarding child custody or child support is not that simple but rather a complicated one. Therefore you need someone who can help you to resolve any legal matter concerning child support or child custody; so that it helps you determine the fair and just child support that should be paid, reflecting each aspect of your life. So contact Law Offices Rick D. Banks at your earliest to know more about how you can be assisted in your case.