Fighting for custody of your children is arguably the most stressful and painful aspect of a family law case. While you can always regain the assets that you lose in the divorce process, you can never get back the priceless and invaluable time lost with your children.

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That is why you cannot afford to lose a child custody battle in the first place. There are several ways in which a decision regarding child custody and visitation rights can be made regarding who obtains the custody and how the visitation schedule will look like.

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As a Los Angeles County child custody and visitation attorney, Candace Jones can protect your parental rights, while her skills of a seasoned trial attorney and litigator will allow you to fight for the best outcome of your case.

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California Family Code § 3020 provides that the judge in a California family court is primarily concerned with the child’s health, welfare, and safety when making child custody decisions.

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In essence, child custody refers to the financial support, control, and care of a minor child. Under California law, it is vital that children have “frequent and continuing contact with both parents” after getting divorced unless doing so would endanger the child or would not be in the child’s best interests.

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There are two types of custody in Los Angeles County and elsewhere in California: Legal and physical.

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Physical custody determines what percentage of time each parent will live with the child. That percentage of time depends on the following factors:

• Where each parent lives after the divorce;

• Where the child goes to school;

• Transportation between the parents’ homes;

• How much each parent can dedicate to the child;

• Each parent’s role in the child’s upbringing; and

• Other factors that may be relevant.

 

Legal custody, meanwhile, grants a parent the right to make decisions about the child’s:

• Health;

• Religion;

• Education;

• Finances; and

• Medical and dental care.

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California Family Code § 3080 presumes that joint custody – physical and legal – is in the best interests of the child. However, any parent can challenge this presumption by proving that the other parent is not fit to have physical and/or legal custody of the child.

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When determining the best interest of your child, a Los Angeles County judge will consider these factors:

• The emotional ties and connection between the child and each parent;

• Health, welfare, and safety of the child;

• Any history of child abuse, sexual abuse, or domestic violence; and

• Addiction or frequent use of controlled substances or alcohol.

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How you present your child custody and visitation case to the court is critical. Some parents take advantage of the other parent’s lack of awareness of legal rights to obtain more parental and visitation rights.

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That is why you should speak with a Los Angeles County child custody and visitation attorney with a proven track record. Candace Jones, a renowned author of a series of free e-books about family law, can take the confusion out of your child custody case, provide peace of mind, and fight for your rights in and out of the courtroom.