Child Custody
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Legal proceedings concerning the care, custody, and control of a minor child whose parents are divorcing or separating occupy a unique place in the practice of family law. In many cases, the parents of a minor child fight hard to make sure their child’s care and upbringing stay in their own hands. However, the law does not easily disregard the rights and responsibilities of the other parent when it comes to their right to provide parental care for their child as well.
Because child custody matters often involve high personal stakes for the parties, their basic parental instincts can make it difficult for them to maintain a calm and collected approach to resolving their custody disputes. As a result, it is vital for parents to enlist the professional services of an experienced child custody attorney in Riverside County.
At Hanson, Bradford, and Hanich, we have more than 20 years of legal experience when it comes to family law matters like child custody disputes. We can appreciate the urgency and importance of such proceedings for all parties involved. That is why we take a compassionate yet objective approach to resolving child custody disputes under California law.
Types of Child Custody
California courts try their best to fashion a child custody order to meet the specific needs of each family. Although the details a custody order may vary greatly from case to case, custody arrangements in California can generally be divided into the following categories:
Physical custody: This term refers to the right of a parent to live with their child or spending physical time with them.
Legal custody: A parent’s authority to make important decisions on their child’s behalf—including education, medical treatment, and travel—falls under the scope of legal custody.
Sole custody: In situations where the child primarily spends their time living with a parent is known as “sole physical custody.” When one parent has the authority to make legal decisions for their child without having to consider the other parent’s input, such a parent has “sole legal custody.”
Joint custody: In cases where the child spends roughly the same amount of time living with one parent, both parents are considered to be sharing “joint physical custody” of their child. When both parents must agree on decisions concerning the child’s education, healthcare, and finances—instead of one parent exercising such authority at the other parent’s exclusion—the parents have “joint legal custody.”
The Best Interests of the Child
Ideally, the child’s parents would resolve such an intimate and personal issue like child custody. Nearly all family law judges understand that the court is hardly in a position to dictate the relationships and future wellbeing of a child. However, when a child’s parents cannot reach an agreement about this issue, the court has no choice but to try their best and finding a just solution to the matter.
Under California law, courts must resolve custody disputes with the best interests of the minor child at heart. Because minor children are typically in a more vulnerable position during a divorce, and because such a decision can have lasting repercussions on a child’s development into adulthood, courts are strictly bound to this legal standard.
Among the factors that California courts evaluate in custody cases regarding the best interests of a minor child are:
The child’s health, safety, and welfare
Any history of abuse against the child, another parent, a relative, or household member
Any history of substance abuse
The nature and extent of each parent’s contact with the child
You Can Count on Us for Quality Legal Counsel
Like California’s family law courts, and the parents who have availed themselves of the court’s authority, our legal team at Hanson, Bradford & Hanich is committed to helping families get through difficult legal issues like child custody with the goal of preserving the best interest of any children involved. Our child custody attorneys in Riverside County hold the welfare of your children with the utmost regard.