What You Need To Know About The Road Ahead

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Breaking Down Custody And Visitation Orders

In California, there are two types of custody that are addressed in family court: legal custody and physical custody. Both play distinct roles in parenting and co-parenting arrangements.

Legal Custody

Legal custody refers to the right to make important decisions regarding a childโ€™s welfare, including decisions about education, healthcare, and any religious upbringing they have. Typically, the court defaults to joint legal custody, meaning both parents share these decision-making rights. Courts are very hesitant to remove legal custody rights from a parent unless thereโ€™s a serious reason, such as domestic violence or severe abuse. Simply being uninvolved or a โ€œlazyโ€ parent is usually not enough to strip legal custody from someone.

Physical Custody

Physical custody determines where the child lives most of the time. It can be primary physical custody, where one parent has the child most of the time, or joint physical custody, where the childโ€™s time is more evenly split between both parents. Joint physical custody doesnโ€™t necessarily mean a 50/50 time split but rather that both parents have substantial time with the child.

A critical issue that commonly arises pertaining to physical custody is when a parent moves. The standards the court uses to approve or deny a move differ depending on whether one parent has primary or joint physical custody.

Visitation, also known as custodial time, is a subset of physical custody, outlining when the non-custodial parent can spend time with the child. The court usually orders a visitation schedule that details things such as pick-up and drop-off times, holidays, and vacations.

When parents cannot agree on custody or visitation, their case will typically go to trial. However, much of the time before a trial is spent under temporary orders, which are made by the court as an interim solution. The court may revise these temporary orders at trial after evaluating all the evidence.

One important thing to understand is that these decisions, especially about custody, are often influenced by the specific judgeโ€™s preferences. Some judges may be more cautious and willing to grant temporary orders for minor concerns, while others prefer to keep things as they are until a full trial.

At the end of the day, the custody process in family court, more often than not, is lengthy and complex. You need a strong litigation strategy to navigate the system successfully. Things like temporary orders can impact the final outcome and create a new status quo that is very difficult to change.

image of Jordana better attorney with 4.5-star reviews - Law Office of Jordana N. Better.

Jordana Better of the Law Office of Jordana N. Better in California is an experienced family law attorney with a deep understanding of California's custody and visitation laws. She has guided clients through the complexities of custody disputes for years, ensuring their rights and their children's best interests are protected. With a track record of helping parents secure favorable custody and visitation outcomes, Jordana is dedicated to providing strong representation from the start.

If you're navigating a custody matter, contact her today to ensure youโ€™re fully prepared for the road ahead.

Potential Challenges

California courts place a significant emphasis on maintaining consistency for children, especially during times of upheaval, like being caught in the middle of a divorce. This belief is rooted in the idea that stability is fundamental to a childโ€™s well-being. Because of this, the court often relies on the status quo when making custody decisions.

When a temporary custody order is put in place, it frequently becomes the status quo simply by default. If a parent later wishes to change this arrangement, the burden of proof becomes much higher. To revert custody back to an earlier arrangement, the parent must not only prove that the original reason for the change was incorrect but also that changing the arrangement again would not be detrimental to the child. This dual challenge is extremely difficult to clear.

The Benefit Of Working With An Attorney From The Outset

Because of this twofold hurdle, altering custody arrangements can be a difficult process. Courts are reluctant to make changes unless thereโ€™s compelling evidence that doing so is truly in the childโ€™s best interests. Since temporary orders can have a lasting effect on the overall custody arrangement, be sure to do everything you can to get favorable ones off the bat.

As such, having an attorney in your corner from the outset of your family law case is important for several reasons. First, navigating the legal system, especially with issues like custody, requires a deep understanding of its rules and processes. It’s not a perfect system, but it’s the one we have, and having someone who knows the “game” and how itโ€™s played is key. An attorney will guide you through the rules, strategies, and potential outcomes, helping you avoid pitfalls that could set you back.

For example, simply calling the Child Protective Services (CPS), without solid evidence or understanding of the standards required, can backfire. While CPS is focused on immediate harm to the child, Family Court Services (FCS)โ€”which handles custody disputes in Californiaโ€”might interpret the call as an attempt to manipulate the system and harm the other parentโ€™s credibility. This could then work against the parent filing the complaint by showing they aren’t facilitating a healthy co-parenting relationship, which is a factor courts consider heavily.

Different counties in California have varying rules for FCS and custody evaluations. Some require mediation, others a full analysis, and in some counties, different levels of professionals conduct these processes. An attorney familiar with the nuances of these differences can adjust strategies accordingly. For instance, if you’re in a county where the court only sees the report if thereโ€™s no agreement, you’d approach the situation differently than in a county where the report is automatically filed.

Another critical role an attorney plays is helping clients stay grounded in reality. Itโ€™s easy for emotions to lead to decisions that may not be in your best interest legally. A good attorney will tell you when your expectations are unrealistic and guide you toward choices that better serve your case and your child’s best interest.

Having an attorney from the beginning can also save you from costly mistakes that could lead to prolonged court battles or unfavorable outcomes, ensuring that you protect your rights and navigate the system with the best possible outcome in mind.

Still Have Questions? Ready To Get Started?

For more information on What You Need To Know About The Road Ahead, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 301-6777 today.

image of Jordana better attorney with 4.5-star reviews - Law Office of Jordana N. Better.

Jordana Better of the Law Office of Jordana N. Better in California is an experienced family law attorney with a deep understanding of California's custody and visitation laws. She has guided clients through the complexities of custody disputes for years, ensuring their rights and their children's best interests are protected. With a track record of helping parents secure favorable custody and visitation outcomes, Jordana is dedicated to providing strong representation from the start.

If you're navigating a custody matter, contact her today to ensure youโ€™re fully prepared for the road ahead.

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