CATHEDRAL CITY CHILD CUSTODY ATTORNEY
THE PROTECTION OF YOUR CHILD'S BEST INTEREST
In most dissolutions of marriage (or paternity cases), the legal issue of child custody and visitation is the most substantial issue in contention between the parents. Parents going through a Cathedral City divorce do not generally change the way how they feel about being the best parent to their children. Consequently, parents will fight to obtain as much parenting time as possible with their children. Child Custody and Visitation also applies to paternity cases. Establishing Parentage/Paternity cases focus on child custody and visitation. Paternity cases are filed when the parents were not married, but they want to establish the identity of the parents and obtain child custody and visitation orders.
The issue of child custody will boil down to what is in the best interest of the child or children. Parents going through a battle for child custody and visitation should seek legal representation. If you are a parent going through these custody issues, contact the Cathedral City child custody attorney Joseph Torri.
WHO OBTAINS CUSTODY OF THE CHILDREN?
When parents are trying to resolve custody issues during a paternity or a divorce case, California law utilizes several factors in evaluating what is in the children's best interest. These cases are fact-sensitive. You may be sitting in court and observe two similar cases with different outcomes. One fact could significantly alter the course of a case.
FACTORS FOR DETERMINING CHILD CUSTODY INCLUDE:
The health and safety of the children. Parents who have a record of abuse or neglect are unlikely to obtain current custody orders. The dependency court can take jurisdiction of these cases. Another factor the courts can utilize are the parents' ability to co-parent. It is important for the court to look for the parent that is more inclined to encourage and facilitate a healthy relationship with the other parent. Parents should avoid interfering with the other parent's relationship with the child unless a restraining order needs to be filed or some type of similar issue. Another factor to look at is the preference of the child, and this issue can be highly litigated and is extremely fact-sensitive. There are many other factors the court will consider, including which parent is likely to provide a stable living environment in providing consistency and stability to the child.
The court may order that one parent receives sole physical and sole legal custody, but this is not the usual occurrence. The court will analyze what is best for the child and not the parents. Joint legal and joint physical custody is a common order that is made. Each case is fact-specific and representation by a Cathedral City family law attorney is critical in determining how to proceed if a parent believes that he or she needs to obtain sole legal and/or sole physical custody.
Parents in California can either be awarded sole legal custody or joint legal custody which addresses the ability of the parents to make decisions concerning the best interests of their children, such as medical care, therapy and educational decisions. Also, parents can be granted sole or joint physical custody, which pertains to determining which parent has physical responsibility for the children at any given time.
California law requires that parents go through mediation before custody orders are made. It is very important that parents attempt to reach a resolution of the issues prior to a judge making a determination. For parents with more substantial financial means, they may find it helpful to meet with private mediators or neutral child development experts to help them create a parenting plan that works well for both parents.
The attorneys at the Law Offices of Joseph Torri have solid experience and training in helping bring compassion and sensitivity to these custody issues, and we will work with our clients to help identify what is in the best interest of the children. We will help parents protect the children, and do our best to minimize the conflict between the parents.
In order to obtain more information about how child custody is determined in California, or if you need Cathedral City child custody attorney Joseph Torri to help you guard your relationship with the children, contact the Law Offices of Joseph Torri today. Call (866) 630-5757 or send a request for a consultation via the website.