WHITTIER CHILD CUSTODY AND VISITATION LAWYER
At the Law Offices of Joseph Torri, our premier divorce attorney has over a decade of experience representing clients in Whittier and elsewhere around Norwalk. Our team has the knowledge and experience to represent clients facing child custody and visitation litigation, which can be hotly contested. As a Whittier family law attorney, Joseph Torri understands what it takes to navigate the legal procedures at the divorce and paternity court. Our Whittier child custody lawyers can help you obtain a reasonable settlement or zealously litigate the case in the courtroom.
HOW TO DETERMINE CHILD CUSTODY AND VISITATION
California has established two types of child custody. Legal custody and physical custody are the two types of custody in California. Legal custody allows parents make critical decisions concerning children's health, school and general well-being. Physical custody focuses on with whom the child will reside.
Custody can be labeled in a few different ways. Parents can share joint legal and joint physical custody, which is a very common court order. Joint legal custody gives parents the ability to share in the decision-making process about their children. Joint physical custody allows the children to live with both parents and the time can be approximately “50/50” with the children. California law helps parents obtain frequent and continuing contact with both parents. Although joint custody is the most common order that is made, one parent may be able to obtain sole legal and sole physical custody if the facts justify these orders. Children will generally live with one parent under a sole physical custody order with the other parent possibly obtaining visitation. The court can order joint legal custody to both parents, while awarding one parent sole physical custody. Consult with a Whittier family law attorney if you are confused about these important terms.
California law requires the justice system to consider the best interests of the child standard when making child custody and visitation orders. While some custody orders do not need an intense analysis, many cases require a complex analysis of the legal issues. The court can use the “status quo” in making decisions, but that does not mean the court will adopt the current status.
There are difficult decisions that need to be made when one parent has worked while the other parent stayed at home with the children. The court may try to keep a similar schedule, but that brings up other issues. If one spouse is seeking spousal support, the person receiving support may be ordered to look for a job. Once both parents are working, the court will need to create a parenting plan if the parents are unable to reach their own agreements. Parents generally file a request for order for child custody and visitation, child support and spousal support (alimony) when a new case is created. The request for order hearing allows parents to get into court fairly quickly compared to waiting a long time for a trial. The court can create a status quo at the request for order hearing that becomes a judgment. Temporary orders can be made at the request for order hearing, and these orders can have a huge impact on your case. Hiring legal counsel for representation early in the process is critical. Our child custody and visitation attorneys can help Whittier residents navigate the process from the beginning to the conclusion.
Parents that have been disinterested in spending a lot of time with the children may have a sudden interest in spending time with the children once divorce or paternity proceedings commence. Some people suspect that parents start spending more time with the children in an effort to either lessen the amount of child support they receive or to obtain more money in child support. If the parents do not come up with their own agreement, the court will analyze many factors like these to make custody and visitation orders. One critical factor is whether one spouse or partner committed domestic violence upon the other. Some parents may need to file for a domestic violence restraining order for protection and custody orders.
The timeshare each parent spends with the child is critical in determining the amount of child support and spousal support parents pay and receive. Parents with visitation time do not generally have a substantial period of time with the children. Since child support is determined primarily on the amount of time each parent has with the children and the income of each parent, the noncustodial parent could pay a substantial amount of money in child support and spousal support.
The family law court will require parents to attend mediation in trying to settle child custody and visitation orders. The Whittier and Norwalk court in California are not currently child custody recommending counseling jurisdictions, and the mediator will not write a report for the judge in Los Angeles County. Although a report will not be submitted to the court, being prepared for mediation is important. Retaining a Whittier divorce attorney or paternity attorney will help you prepare for you entire case, including getting ready for mediation. Paternity cases are child custody and visitation cases where the parents were not married. Divorce encompasses not only dividing community property and debt, it encompasses child custody and visitation as well. That is the basic difference between divorce and paternity. The goal is to reach a settlement at mediation, but some parents are unable to reach agreements and that is why judges are asked to get involved to make court orders.
The mediator can make a recommendation to the court. For example, a mediator may recommend that a planned parenting assessment be ordered in Los Angeles County family law courthouses. 730 evaluations may also be ordered if there are allegations of substance abuse or objectionable parenting behavior.
One parent may decide that he or she wants to relocate with the children from Los Angeles County to Florida. You may find yourself having to object to the move. In fact, you may decide that filing a request to move-away is in the best interest of the children. These are some of the most serious cases in the family law court and trying to do it yourself is most likely a poor decision. The Whittier child custody and visitation lawyers at the Law Offices of Joseph Torri will get you through these difficult relocation cases.
CONSULT A DEDICATED CHILD CUSTODY LAWYER IN WHITTIER
There is no doubt that children benefit when their parents come up with their own agreements for child custody and visitation. However, we understand that litigants will not always stipulate to custody and visitation orders. The experienced family law lawyers at the Law Offices of Joseph Torri are skilled in child custody and visitation, child support, and property division. Joseph Torri is a minor's counsel attorney and has the skill and training to handle any type of custody battle. We have helped many clients in Whittier, Norwalk, La Mirada and the surrounding cities. Contact our Whittier child custody attorneys at (866) 630-5757 or through our website to request an initial consultation.