|
Q: What is the legal custody?
|
|
A: Legal custody refers to the authority to make decisions regarding the child’s education, healthcare and religion.
|
|
|
Q: What is physical custody?
|
|
A: Physical custody refers to where the child lives and which parent is responsible for the child’s daily care.
|
|
|
Q: How does the court decide which parent gets custody?
|
|
A: The court examines the best interests of the child. Having said that, in the state of California there is a presumption that a child will benefit from a relationship with each of their natural parents. The court will also take into consideration what each parent wants, (depending on their age) what the child wants, the parenting history, the mental and physical health of the parents, the parenting abilities of each parent, and any history of abuse.
|
|
|
Q: What can I do if the custody arrangement is not working?
|
|
A: When a custody arrangement that has been ordered by the court or agreed upon by the other parent is not working, you may have the ability to return to court to seek modification of the agreement. In some cases, the agreement itself may set forth the method through which the agreement may be changed. However, in the case where a judge has made an order setting out the custody arrangement, it is possible to apply for custody modification and reappear before the judge for a modified order. It can be difficult to have custody arrangements changed, so modifications are best sought when there has been a substantial change in circumstances. Custody modifications are best sought after consulting with an experienced family law attorney.
|
|
|
Q: If my child’s parent is not paying child support, do they still have the right to see my child?
|
|
A: Parenting time and child support ARE NOT linked. This is very important, so please note, PARENTING TIME AND CHILD SUPPORT ARE NOT DEPENDENT UPON EACH OTHER. Seldom will a court ever consider it to be in the best interests of the child to prevent contact with the other parent because of monetary reasons. Therefore, instead of preventing a parent from visiting with a child, the court prefers parents to exhaust their legal remedies (i.e. wage garnishment, or use of the child support enforcement office). Any attempt to keep a child away from a noncustodial parent for support reasons will be viewed negatively by the court and could have very negative consequences for the custodial parent.
|
|
|
Q: Can I move, with my child, to another state?
|
|
A: The court will look at many factors in making this determination, including but not limited to: the reason for the move; the move’s probable effect on the child; whether the moving parent has sole or joint custody; whether the child's other parent has objected to the move; and how often the other parent will be able to see the child.
|
|
|
Q: If the judge in my divorce case orders a custody evaluation, what should I do?
|
|
A: Cooperate with the custody evaluator. An evaluation is designed to learn about your situation and your child’s needs. A custody evaluation is a routine part of a contested custody cases and carries significant weight with the judge. Therefore it is important that you are open and honest with the evaluator. In the interests of being open and honest, many parents will use this as an opportunity to talk negatively or bash the other parent, although parenting concerns can be shared, they should be shared in a manner that does not come across as hostile or angry. Consulting with an experienced family law attorney before communicating with a custody evaluator can help give your direction on ways to effectively communicate with the custody evaluator.
|
|
|
Q: What is parental alienation syndrome?
|
|
A: Parental alienation syndrome occurs when a parent talks negatively about the other parent, attempting to convince the child that their parent is a bad parent or has nothing to offer. Ultimately, enough of this talk causes the child to view their other parent in a negative light, and can result in the child refusing to see the parent. This behavior is strongly frowned upon by the court and can be punished when the court makes determinations on custody, visitation, and/or support.
|
|
Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
|
