| Child Custody |
Child custody is VERY VERY different from divorce. This can be confusing, yes, you're in a family law courtroom (probably the same one you got divorced in, definitely the same one if you're divorcing and arguing child custody at the same time).
There is a major difference however. Child custody has an OBJECTIVE standard, where divorce has a SUBJECTIVE (for the most part) standard. If you don't know what that means, it means that the factors in the case must be objectively measured, as opposed to just being "kinda" or "close enough".
This is why even if you handled your divorce by yourself if you are dealing with child custody issues and you are a father here in Newport Beach or a surrounding city you need a dads law attorney, and yes, the rules of evidence and all of the court rules apply, but it's different . You have to appreciate that it's different, and you have to play to the differences.
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| Factors in Determining Custody |
The overriding consideration in determining custody is always the child's best interests. If the children are old enough, the courts might discuss with them before making a decision. Factors that are taken into account include:
- Most stable home environment
- Wishes of the child (if old enough)
- Parents health, both physical and mental
- Religion
- Support with members of extended family of either parent
- Best school
- Age and sex of child
- Use of excessive discipline or emotional abuse by parent
- Parental alcohol and/or drug use
In addition, there is a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the marriage. Primary caretaker responsibilities include:
- Bathing, and dressing the child
- Cooking meals
- Laundry
- Visitations to doctors
- Extracurricular activities participation, such as soccer, baseball and swimming
- Assistance with school subjects
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Fathers Have Rights Too |
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In the 1990’s, fathers for the most part just walked away from custody disputes. They thought the mother would be awarded custody of their children and they had no chance of winning. Today, thousands of men fight for custody and are, therefore, able to build new lives for themselves and their children. Let the Father's Rights Family Law Attorneys of Newport Beach help you. In the end, the ultimate rewards outweigh the hardships, heartaches and headaches that were endured along the way.
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| Physical vs Legal Custody |
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One parent will be given physical custody, meaning the child will live most of the time with that parent. However, both parents will have "legal custody" of the child. "Legal custody" is the right to make decisions about the child's well being.
Joint Custody
In some cases, the child will spend an equal amount of time with both parents; this is known as joint custody. There are pros and cons about joint custody. Seeing both parents an equal amount of time seems less like a divorce. However, having one home base is sometimes best for the child. Joint custody requires cooperation between the parents.
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