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Child Custody After Divorce

Posted by Andy Johnson | Custody | Saturday 24 October 2009 6:45 am

Although many people will tell you otherwise, child custody disputes can be very complex, and the more people suing for visitation rights; the messier it becomes. If grandparents are suing for visitation, parents have moved far away from each other, and now there are even step parents involved, child custody after divorce becomes a long drawn our expensive legal battle. You need expert help for child custody after divorce, and this means seeking a family lawyer to help you. Just remember though, the longer and more complicated the battle is for child custody after divorce, the more it is going to cost you, and the more it will affect everyone emotionally. If parents were initially more educated on child custody arrangements, then it would turn out better for everyone concerned, and better agreements could be reached that are the least unsettling for the children. One factor that should be kept in mind regarding child custody after divorce, is that the court will choose the best possible arrangement in the interests of the Childs well being.

In child custody disputes, both mums and dads will fight to get custody of the children, and the parent that proves them self the most worthy, will get favor by the court if they feel the best interests lie with that parent. The best possible option parents can consider concerning child custody after divorce is educating them selves as much as possible on child custody, and there are expert guides available to do so. The court will take a lot of factors into consideration when awarding ‘physical custody’ and ‘legal custody’. Some examples of these are the parents’ careers, lifestyles, their financial strength, family stability, and new relationship after the divorce if any. Disputes over child Custody after divorce cases can take a while to solve, and parents can resort to mud slinging, with all sorts of tactics to gain favor with the court.

During child custody after divorce disputes, both parents will have a lawyer present, and a lot of information will be gathered on the parent’s circumstances from the paying of child support, the well being of children, and legal and physical custody arrangements between the parents. A lot of trauma can be avoided early on by seeking expert custody advice and education, and even legal costs can be reduced to save you a small fortune. Our expert psychologists at our Custody Advice Center offer you complete solutions that you can download in minutes. Read detailed information on child custody after divorce, real scenarios and advice, and everything you ever need to know about child custody online.

Types of Child Custody

Posted by DaKama | Custody | Saturday 15 August 2009 8:58 am

In California, there are two components to custody: legal custody and physical custody. Physical custody is the type of custody order that says who is going to have the child and at what time. Most of the time, the courts grant Joint. Physical Custody with primary either to mom or dad. Sometimes, though, sole physical custody will be granted to one party and visitation may or may not be granted to the other. There are many kinds of physical custody arrangements. For instance, in a 50/50 split, each parent may have the children on alternating weekends. An 80/20 split is more common with one parent having primary custody and the other parent seeing the kids one evening a week and having the kids every other weekend.

Legal custody is the ability to make decisions for the child. This includes everything from choosing the school they attend to the authority to cut their hair. Again, in most cases, joint legal custody is granted and both parents have the ability to make decisions. This means that if they disagree on issues like what religion the child will be raised in, they must go to court to settle it. In a limited number of cases, the Judge will decide that one party should have sole legal custody. Usually in these cases, there has been so much disharmony between the parents that it is in the children’s best interest to have just one parent making decisions for the children. In other cases, one parent has made bizarre decisions and the best route is for the other parent to have all the decision making power.

The next type of custody order involves visitation. Unsupervised visitation is the standard route and generally includes overnight visits if appropriate. In the vast majority of cases, unsupervised visitation is ordered. There has to be a specific reason for the courts to order anything other than unsupervised visitation. In cases where there are allegations or proof of abuse (sexual, physical, or emotional), supervised visitation may be ordered. Supervised visitation requires that a monitor be present during the entire visit. Sometimes a relative or friend of the non-custodial parent qualifies as a monitor.

Then there are cases where no visitation is allowed because the court determines that any contact with the party would be harmful to the child. The court assumes that a generous amount of time spent with both parents will minimize the impact of the effects of divorce on children. The various types of deviation from the general assumption allows for custody orders to take into account that this assumption is not always correct. Child custody and visitation decisions are never easy for a Judge to make. But, when a family is being torn apart, the court has to make the decisions it feels are in the best interests of the children.

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