Glendale Child Custody Lawyer
Glendale Child Custody Attorney
Bringing a child into this world is one the greatest joys for parents. While it is typically in the best interest of the child for parents to raise children together, sometimes this is not an option. At this point couples may consider hiring a Glendale, CA child custody lawyer to help them sort out arrangements. Child custody and visitation can be contentious issues, compounded by the pain of a breakup, so hiring an experienced family lawyer in Glendale can help.
What Is Child Custody?
Child custody is broken into legal custody and physical custody. Legal custody determines who makes major decisions for the child such as their religious upbringing, education, and how they will be reared. Physical custody determines who the child will live with most of the time. Sometimes couples share these responsibilities, and other times they fall upon one parent or the other.
Factors that can determine how joint and physical custody is divided depend on the child’s relationship with their parents, the mental and emotional health of the parent, or practical factors such as the parent’s proximity to the child’s school. Mother or father, despite the marital arrangement, may have physical or legal custody.
What Are the Different Types of Custody Arrangements?
The two classifications of custody are sole and joint custody. When parents come to a custody agreement themselves, it makes the process smoother, less time-consuming, and more cost effective. However, all custody arrangements must be court ordered, and the judge has the final say. Until there is a court order, both parents are entitled to the same rights.
- Sole custody: Sole custody means one parent has both physical and legal custody of the child. This parent not only makes important decisions concerning the child’s welfare, but the child also lives with them. Even if one parent has child custody, the other parent, or non-custodial parent, has the right to spend time with the child. This visitation schedule should be outlined in the parenting plan.
- Joint custody: Joint custody is when both parents share legal and physical custody of the child. Joint custody can look like a child spending the school year with one parent and the summers with the other, or it can be a child living with one parent part of the week and the other parent the remainder of the week. No matter the physical arrangement, with joint custody, both parents have the right to make decisions about the child.
What Is the Child Custody Process in California?
In Glendale, CA, the child custody process is typically broken into four steps including coming to an agreement, drafting a parenting plan, petitioning the court for custody, and determining the visitation schedule. The parenting plan decides who the child lives with, their care, and their visitation schedule. Sometimes parents agree to the plan, and other times a court decides the plan if parents cannot come to an agreement.
Visitation schedules are ordered by the court and can be:
- With a schedule: A set time is carved out for how the child will spend time with each parent.
- Reasonable: The schedule is open, and parents can work it out between themselves.
- Supervised: The visits must be supervised by the other parent, another relative, or an agency. This is if there is a risk of harm or if the parent and child do not know each other very well.
- No visitation: No visitation. The child’s safety is greatly at risk, and visiting the parent will cause more harm than good.
Working with a lawyer at the Law Offices of Patricia A. Rigdon can help parents determine a visitation schedule that meets the needs of the child.
What Determines Child Custody Arrangements in Glendale, CA?
The child’s best interest is the most significant determining factor in child custody cases. Factors that are considered when determining the child’s best interest are:
- The child’s age and their health
- Their emotional connection with each parent
- Their school, home, and communal ties
- The parent’s physical, mental, and emotional ability to care for the child
- A history of violence in the home
- Substance abuse patterns of either parent
The child’s preference may be considered if they are mature enough, but not always.
FAQs About Glendale, CA Child Custody Law
How Much Does a Child Custody Lawyer Cost in California?
The cost for a custody lawyer varies in California based on several factors. Case complexity, firm location, and the lawyer’s experience are taken into consideration. Lawyers with more experience may charge more, while cases that are more complex tend to be more time-consuming and, therefore, more costly. During your initial consultation, ask your potential lawyer what costs you could incur.
Do I Need a Lawyer for Child Custody in California?
You do not need a lawyer for child custody, but it is strongly recommended. This is especially true for more contentious and complex cases where a lawyer can guide you through the legal process and advocate for you in court. In any case, child custody must be court-ordered, so a lawyer can be there to educate you on the complex legal concepts that may be involved.
What Are the Chances of a Father Getting 50/50 Custody in California?
The father has an equal chance of getting joint custody in California, depending on the judge’s discretion. The chances can be high if there is no history of violence or substance abuse issues, and the father is mentally, emotionally, and physically capable of caring for the child and has a solid emotional connection with the child.
What Is the Biggest Mistake in a Custody Battle?
One of the biggest mistakes in a custody battle is not doing what is in the child’s best interest. Your lawyer can help you stay on track and not lose sight of the bigger goal. Sometimes anger and vendettas get in the way, but it is important to focus on the facts, the legal commitments, and of course, the child’s best interest.
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