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Child Visitation Attorneys in
Riverside, San Bernardino and Orange County
Custody of minor children (those under 18 years of age) is often
a major issue. Before the separation, each parent enjoyed full custody of the minor
children. After the separation, custody of the minor children is divided between
the spouses. As a result, custody of the children is divided and the result can
be a 60/40 time share, 50/50 time share, or it could be divided on some other percentage
basis. The parties can agree to an appropriate time share or the court will order
a time share that is in the "best interest of the children."
The care and upbringing of children following divorce is often an ongoing source
of conflict for divorcing parents. Custody must address both physical custody, or
the rights and responsibilities regarding the day-to-day care and activities of
their children and legal custody, or the legal rights and responsibilities associated
with the child's upbringing. A couple can agree to an arrangement. If no arrangement
can be reached, the court determines one for them. Courts are favoring joint ongoing
child rearing responsibilities, with the children residing where it is most practical
and where they will flourish best.
Divorcing couples often tackle custody and visitation issues as soon as they separate.
Courts generally honor any custody agreements divorcing parents reach regarding
their children. When custody is contested, most courts will require parents to participate
in a mandatory mediation session. If mediation is unsuccessful, the court will determine
custody. Though rules differ from state to state, most courts generally reach decisions
about custody and visitation after considering what arrangement will serve the best
interests of the child.
Except when parties agree otherwise, courts often impose standard visitation and
custody orders. A typical visitation schedule allows a non-custodial parent to see
the children one night a week, every other weekend and some portion of school and
summer holidays. In order to change a court-ordered custody and visitation scheme
the parent seeking the modification must show a substantial change in circumstances.
Some states will only consider a request for modification within two years of an
original custody determination if there is a showing that the child is endangered
by the current arrangement. In order to prevent parents from shopping for friendly
rulings in different states, some states will only consider custody-related requests
if the child has been a resident of the state for six months or longer.
EXPERIENCED CHILD VISITATION ATTORNEY / LAWYER
For more information and a free consultation with one of our experienced attorneys
call us at 1-800-968-4519.
Serving Orange County, San Bernardino, and Riverside.
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