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CHILD CUSTODY ATTORNEY 

child custody lawyer irvine

Few family law issues are more disputable than child custody. Sometimes parents agree to a custody agreement that is in the best interest of their children. This is not the case always, sometimes parents cannot come to terms and therefore the judges need to mediate and resolve the issue for them.

Types of Child Custody

There are the following types of child custody:

Physical custody-

The parent with physical custody has the responsibility for the upbringing and support of the child. The child lives with the custodial parent most of the time, like during the school period. The parent with physical custody is called the "primary custodian" or  “custodial parent”.

Legal custody-

Legal custody gives the parent the right to make crucial legal decisions for the child. Some examples are decisions regarding medical care, religious upbringing, choosing a school, extracurricular activities, etc.

Joint custody-

Joint custody is granted to both parents but is dependant on the agreement of both the parents. A child has to split its time equally for both parents if they are granted joint legal custody.

Temporary custody-

It is a custody arrangement only for the duration of the divorce process. It is the first thing that a judge decides after the divorce is granted. Temporary custody should not be overlooked. It is highly possible for a temporary child custody order to turn into a permanent order, so the parents must stay intimately involved with their children during the divorce process.

Factors Determining Child Custody

When parents disagree on child custody, a judge has to intervene in the issue. The judge's priority is always the best interests of the child and not the best arrangement for the parents. Courts consider many factors, including:

1. Both parent’s efficiency as a parent, including their weaknesses and strengths. This factor could go against you if you are unable to keep a growing child under control.

2. Each parent’s ability to give financial resources, stability to provide home, and some other factors also.

3. Which parent has cared most for the child? If both parents are working, then the one who provided more care will gain custody.

4. Each parent’s mental and physical health. Drug addiction and alcoholism go strictly against your claim to the custody rights.

5. Each parent’s work schedule. If you have a travelling job or a business it will hamper your claim.

6. The child’s relationship with other family members.

7. History of domestic violence. Domestic violence includes emotional, physical, sexual, mental, and financial abuse. Domestic abuse creates a very negative impact on the judges and goes against your custody rights.

8. Parent’s willingness to cooperate with each other and encourage a relationship.

9. The child’s preference if old enough (depending on their age).

It's a popular opinion that the court always prefers the mother for custody over father. However, this is not a true judge's criteria for deciding Child Custody Attorney Orange, CA is purely dependent on the best interests of the child and not the preference of the parent.

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