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Knowing Child Custody Laws In California

Posted on : January 6, 2018, By:  Christopher Hildebrand
Child-Custody.

Knowing Child Custody Laws In California

When a married couple chooses to go their own separate ways, there are many questions and many issues left unresolved. Who gets the home? Should it be sold? What about the pets? What to do with all the furniture? How to divide the monetary assets? What about the cars? Making decisions about material property that the couple owned when together is difficult but they pale in comparison to the decisions involving children. If you live in California and have children and are going through a separation, it’s important to get acquainted with child custody laws in the state.  If the couple has split into amicable terms then they may be able to decide for themselves whom the children should live with, they’ll address child support issues, parenting time issues and all other issues pertaining to the child and their relationship with each parent.

In some cases, they may need the assistance of a third party such as a mediator or a divorce lawyer in Oceanside, CA. They are then able to reach an amicable resolution of any outstanding issues. However, if such decisions cannot be mutually agreed to by both parties then it is up to the court to intervene and make a determination. Family courts in California consider a number of factors before granting either sole or joint custody to a parent but it is imperative for parents who wish to file for child custody in California to first become familiar with the laws in the state.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
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20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
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14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
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16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
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22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
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18:16 18 Sep 17
Kevin Park of Hildebrand Law was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
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19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
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17:44 23 Jun 16

Types of Custody

In making a custody determination, there are a number of different factors that a judge has to consider, and a number of different types of custody that is addressed. There are two basic categories of custody:

  • Physical custody – (residence of the child)
  • Legal custody – (making important life decisions for the child)

Those two categories can exist in any incarnation for a particular couple with a combination of custodial responsibilities going to either party.

One parent may be given sole physical custody of the child with the other party having visitation rights. This is the most widely used physical custody arrangement which grants each parent the ability to maintain a healthy relationship with the child. Even if one parent has been granted sole physical custody the parents often share legal custody which means that they will both have the right to make life decisions on behalf of the child. The term “legal custody” covers many different aspects of the child’s life, including:

Knowing Child Custody Laws In California.

Knowing Child Custody Laws In California.

  • Religious observance
  • Healthcare
  • Other matters affecting the child’s welfare and well-being
  • Participation in extracurricular activities
  • School selection and other education-related matters

The “Best Interests of The Child”

In making a custody or parenting time decision, California law declares that any determinations ordered must be for the child’s benefit. This is known as the “best interests of the child” standard. This seemingly vague term is defined by each state differently but there are a number of common factors that influence the court’s decision-making process. These include:

  • Age and gender of child
  • Mental and physical health of both parents
  • Religious/ethnic/cultural preferences
  • Stability of home environment
  • Parent’s level of engagement in the child’s life
  • Input of the child (applicable at a certain age)
  • Social support system of parents
  • Parental history of criminal activity, substance abuse or mental/sexual abuse
  • Educational opportunities for the child

Family courts in California prefer shared custody for both parents because it is deemed to be in the best interests of the child. If you are involved in a divorce with children in California then it is advisable to consult with a qualified divorce lawyer in Oceanside, CA. today.