Los Angeles Divorce Lawyers/Attorneys, Los Angeles Family Law Lawyers/Attorneys, California Divorce Lawyers/Attorneys

Custody Issues:

When it comes to matter of a marriage dissolution, the most critical, and emotion-packed, area is that of child custody. In any contest between two parents, the outcome is always determined by what is in the best interest of the child, whether primary residence is the be with the mother, or with father, and what contact the child should have with the non-primary custodial parent.

Both parties are encouraged to find a solution that is in the best interest of the child and the Court will generally ask to first consider the status quo. Both parties may establish times and methods of shared-parenting with the end result for the child's best interest. The Court will generally assume that the pattern of conduct and sharing entertained and practiced by the parents prior to filing for divorce is at least a valid starting point.

Often times, for good reason or bad, psychological evaluations and more in depth studies are asked to be conducted. In the case of a psychological evaluation the evaluator submits the parents and sometimes child(ren) to a series of psychological tests and clinical observations. The initial determination is to seek whether either parent suffers from any psychological dysfunction. The psychologist will also look into the history of the child's life and the parenting plan that has existed over time, again, giving the most weight to the more recent effective parenting plan. Only if there is a valid reason and a substantial basis for dramatic change, will a psychologist recommend anything other than the more recent successful parenting plan.

In addition, the Superior Court provides a mandatory mediation service which assists all parents who have a dispute regarding custody and visitation. Attorneys are generally not allowed to be present during the custody and visitation mediation when conducted through the auspicious of the Superior Court. An attorney's involvement in the process is to assist the parent in becoming ready for the mediation appointment and focused on the best interest of the child(ren). An experienced attorney can be of great assistance in the preparation for the mediation conference. Yet, the attorney's true contribution will be in formalizing any agreements reached and/or litigating any dispute unresolved through the mediation process.

The Difference Between Physical and Legal Custody
Physical custody refers to the parent, parents or grandparent(s) who have the physical responsibility for the care of the child. Joint physical custody means that each of the parents shall have significant periods of physical custody, although parents can share joint custody even if the timeshares are disproportionate, such as an alternate weekend schedule for one parent and the other parent having the rest of the time. Sole legal custody means that one of the parents has the child(ren) the majority of the time as well as all of the responsibilities of raising that child.

Legal Custody refers to the parent(s) who will have the decision-making authority relating to all aspects of the child(ren)'s life…Their education, the health and welfare, religion and any other critical aspects in the raining of the child(ren). Joint legal custody means that both parents have the authority to make decisions regarding the child's education, health and welfare, religion, when the child(ren) get a driver's license, etc.

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