Custody Lawyer in Santa Clarita
Facing a custody dispute? You need an attorney!
There are many different issues that can arise in a divorce case, not the least of which is the issue of child custody. An angry spouse may try to retaliate against you in many different ways including through
spousal support and child custody. With the proper evidence and a strong Santa Clarita divorce attorney, your spouse may win in a case to prevent you from having custody and leaving you with limited visitation rights.
How is custody decided in California?
There are numerous factors that a judge will look at to determine who gets custody and how joint custody would be split, including the following:
- The relation of each parent with the child
- The financial standing of each party
- Their ability to provide a home (food, shelter, care, structure, etc.)
- If the child has a preference
- The child’s current life and what will disrupt it the least
- The parent’s mental and physical condition
- The lifestyle of each parent
- Any instances of domestic violence
Sometimes couples are able to agree on the decision and they may be able to come up with a plan of custody themselves and then the court will look at it to review it. If they are unable to then the court will make a ruling on what they believe to be in the best interests of the child. This will often include having both parents involved in the life of the child as much as possible, though the awarding of custody may differ between the two parents. Even if one of them is not given parental rights over the child, they may still be granted ongoing access through visitation rights.
The Different Forms of Custody
There are different ways that the court can choose to divide custody and it may be done through joint legal custody, joint physical custody, sole legal custody or sole physical custody. These can be combined in various ways, such as a couple that has joint legal custody, but one of them has sole physical custody, meaning that they both share the parental rights, but the child lives with one of them the majority of the time. Through joint legal custody, both parties will be able to make major decisions for their child such as in regards to education, medical decisions, religion and more.
Modifications can be sought for those that do not gain any parental rights of their child at the time of the divorce, or on the other side of the fence, by a parent that shares custody with their former spouse but believe they should be given sole custody. This is a legal change by which the court reviews the case and if they find sufficient reason to do so, can change the original terms.
Uniform Child Custody Jurisdiction and Enforcement Act
Under California Family Code §3400-3412, the Uniform Child Custody Jurisdiction and Enforcement Act is covered. This is an act which has courts from other states work together when looking to determine which area the jurisdiction of a child custody matter should fall in. The child may have lived different areas and establishing which court governs the case is important.
Through this act, the courts work together to determine which state has more of a significant connection with the child. The other courts can continue compliance through conducting various requested proceedings and providing the court they case is being handled in with pertinent information regarding the case.
Consult a Santa Clarita Divorce Attorney
Our firm is dedicated to serving those who are facing various family law issues and are in need of legal representation in order to achieve their goals. We will take the time to understand your case, you will be provided with extensive one-on-one personal service in order to better understand your situation and to build a case that will fight for your specific desires and needs.
It is imperative that you do not delay in obtaining the Santa Clarita divorce attorney that you will need in order to maximize your chances of a favorable outcome of your case.