Divorce & Child Custody

By Author: Samantha Dale
Total Articles: 610
Comment this article

The decision to end a marriage is never an easy one – when children are involved, the process can quickly become complicated and stressful if the parents are unable to separate their personal issues from the process of deciding what is best for the child.

Understanding the basics of a custody agreement and parenting plan will help you and your spouse to draft an agreement that will benefit your family and be within the guidelines set by the legal system.

Custody – The Legal Top 3

California law states three key factors to guide judges in ordering what is in the best interests of the child:
• Health
• Safety
• Well-Being

If you and your spouse can set aside your differences in order to determine what is best for your children, the custody process can become a well laid plan that will allow everyone in your family to transition through this time with greater ease.

A Riverside Child Custody Lawyer can guide and assist you in forming a custody and visitation plan that works for all family members.

Custody Options

There are two primary custody ...
... types – Legal and Physical.

Legal Custody refers to who makes the major decisions regarding the child’s welfare – for example, health care, education, schooling and religious/spiritual upbringing.

Physical Custody refers to who the child lives with.

Within each custodial type, there are two options: Joint or Sole.

Joint custody means parents share the right and responsibility and Sole (or primary) leaves the right/responsibility to one parent.

Often, Physical custody is handled using the Sole (or primary) option, with the other parent receiving visitation, while Legal Custody is Joint, meaning both parents participate in the major decisions regarding the upbringing of the child.

Parenting Plan

The parenting plan addresses not only Legal and Physical Custody issues, but also can detail which holidays the child spends with each parent, how transportation and costs for visits are handled and any other specifics the parents wish to include.

Plans can be general, specific and/or have restrictions. While it is important to have major items included in the plan, getting too specific can cause unnecessary returns to court for plan modification.

Striking a happy medium between general considerations and specific instances is a strong foundation for creating a parenting plan that works for everyone.

Agreeing to a Plan

It is best if parents can agree upon a parenting plan that provides for the physical and emotional needs of the child while minimizing the amount of stress and trauma to the child during transition and is sustainable, long-term, for parents.

Small disagreements in how to design the plan can often be resolved by working with a third party who assists the parents in coming to an agreement that serves the whole family.

When Parents Can’t Agree

When the actions of one or both parents are not conducive to the well-being of the child, it may be necessary to fight for the rights of the child in court.

A Riverside Custody & Visitation Attorney can assist you in navigating the legal steps needed to provide the best representation for the interests of the child.

Riverside Child Custody Lawyer: At the Riverside Child Custody & Visitation Center, we handle all aspects of family law. We will help you get through this process with professionalism. Our attorneys are committed to providing you with excellent service. Visit www.riversidechildcustody-visitation.com to find a Riverside Custody & Visitation Attorney!http://www.riversidechildcustody-visitation.com/about.html