When two parents in Newport Beach make the decision to end their marriage, one of the most contentious issues that will be on the discussion table is child custody. There are a diverse number of arrangements that are designed to cater to different circumstances for each family entering this new phase of life. Working directly with a Newport Beach child custody attorney will help to clarify all the options that exist and ensure that the final custody decision is carefully made with the purest intentions for your child.
Joint custody refers to a post-divorce arrangement where both parents will be sharing the responsibility of making critical legal decisions on behalf of the child. For example, if a child is hurt and needs medical attention, both parents can have a say in what specific treatments are administered. Sometimes the concept of joint custody is broken down into two sub-categories called joint legal custody and joint physical custody. For example, one parent may be awarded the right to make legal decisions on the child’s behalf but is only able to see the child during scheduled visitation hours.
The priorities of any child custody case are to ensure that the life of the child is not majorly disrupted while ensuring fairness among both adults who are legally separating. If the child is older than 14, they can state a preference for the custody arrangement. If they are under that age, there are other factors, such as the location of where both parents will live and how supportive a parent they are. If there are any reported instances of domestic violence, they will likely prevent that individual from having any type of formal custody arrangement. Rather, they may be limited to certain visitation hours while the other parent is granted sole custody.
A child custody lawyer ensures the safety of every child in a custody case and is at the forefront of the discussion at all times. They are professionally trained in California family law and will keep the case moving as efficiently as possible.
Some key responsibilities of the role include:
A: If you were awarded joint custody, it would be clear in the terms where you were approved to live. It is unlawful to pretend that you will live near the other parent and then change your mind after the official ruling. Of course, life happens. You may find yourself needing to relocate after the original custody arrangement was made. In that case, you must revisit the court and seek a modification of your arrangement. The judge will reexamine the circumstances and determine if your new living situation will work or require something different.
A: If one parent is not following the terms of the agreed-upon custody order, the other parent has grounds to file a motion of reinforcement. This will alert the other parent that there was a violation. If it is a first-time offense, they will likely just be offered a verbal warning and a confirmation that they fully understand the joint custody order. If they continue to violate the order, a larger modification of the agreement may be necessary to make sure the child is not feeling the brunt of the neglect.
A: Yes, there are certain circumstances where grandparents can legally request a visitation arrangement or even custody. To earn visitation rights as a grandparent, you must demonstrate that you have a pre-existing relationship with the grandchild. Custody rights may be awarded to the child’s grandparents if there is any trouble with the biological parents, such as being incarcerated or being deemed unfit by a legal entity. Even if the parents are unable to take care of the child, they can still pursue visitation rights to see their child from time to time with the supervision of the grandparents.
A: Aside from hiring an attorney, there are other things you can do to make sure your rights are protected. The first thing you want to do is document everything. From interactions with your child to larger ticket items like medical bills, you want to have hard proof that you are a great parent who has set yourself up for success to be awarded joint custody. This can go a long way in helping the courts see what a great job you have done parenting.
If you are ready to explore joint custody as a potential option for your family unit, connect with Quinn Dworakowski Family Law Attorneys at your earliest convenience. We have been in the industry for many years and know what it takes to turn a case in your favor. Contact us today.
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