Why You Might Need a Child Custody Lawyer
Determining child custody is among the court’s most important decisions. A child custody lawyer has specialized in representing their clients in these types of hearings and presenting evidence that explains why their clients must have custody of their child. There are a number of mitigating factors that the court takes into account when awarding child custody. In most circumstances a child sees the parents as equals, and any change that takes place in a relationship due to the process of divorce can have a severe emotional impact. The Law Office of David A. Martin & Associates in Sacramento, understands the complexities of the relationships between children and their parents when they no longer reside under the same roof because of child custody.
Sacramento child custody lawyers practice in the family law area of the legal profession. This area of the law can be quite complex and it normally takes a knowledgeable child support attorney to put up a good fight.
Child custody in Sacramento isn’t often granted to the mother of the child. Joint parental custody is preferred, although one person is known as the main custodial parent. Child custody lawyers can present your case to the judge outlining the reasons why you feel you would be the far better choice for the primary custodial parent. Sacramento child custody attorneys also work directly with private investigators to find out as many facts in the case as they can.
Several custody cases can get quite emotional and volatile. Our child custody attorneys will commit time and effort finding possible witnesses on your behalf, developing a timetable for visitation to show to the other parent and working with the courts to establish which parent is best suited for custody.
In cases where the parents are married, either the mother or the father’s attorney may file an action asking for dissolution of marriage, legal separation, nullity, or file the petition for custody and support of minor children’s action. In cases of unmarried parents, either side may file the petition for custody and support.
Can I have joint custody of my children?
Some states have a joint custody law that encourages judges to award joint legal custody to parents. Therefore both mom and dad have a right to make decisions related to their children including education, medical treatment, and religious training.
A legal court also has the power to give physical custody to one or both parents. Physical custody determines where the child will indefinitely live, and it’s also most typical for the children to spend nearly all of their time with one parent. The parent who doesn’t have primary physical custody is commonly given secondary physical custody or visitation rights. It is most common for the non-custodial parent to have specified periods of time composed of alternating weekends, one evening per night and one-half of the children’s school vacations.
When I have custody of our children, can I move with them to a different city area?
In some cases, a judge will issue orders stopping both parents from changing the residence of the children from a specific geographical area. If you get into the situation when you have to move a significant distance from the other parent of your children, you have to tell him or her of your intention.
In your area, it is not unusual for a judge to keep the parents from removing the residence of the children from local counties. Such orders are typical where both parents have a considerable amount of time with the children, and removing them from the metropolitan area can be troublesome to the children, and their growth.
Over the last decade, state courts have been handling the right of a custodial parent to go together with the kids to another metropolitan area or out of state. Under the new rule, the custodial parent commonly gets the right to decide where the children are to live, as long as he/she isn’t moving in order to refuse another parent easy access to the kids. The most suitable way is to gain the other parent’s consent and to file for a modification to your child’s custody and the arrangements made for your child support.
If you have to relocate to another state and you do not tell the second parent, then the Uniform Child Custody Jurisdiction Act states that the other parent has a total of 6 months to do something before the child will have gained full residency for that state.
If your child or children have been moved by the other parent to a different state without telling you, you have a variety of options open to you to take action. The most serious might be to accuse the parent of child stealing — which is a criminal offense under federal law.
The majority of parents are quite reasonable people in their roles as parents and the court is the one faced with agreeing on parenting time if the parties are unable to work out an agreement. Our firm will work alongside you, to work out a fair parenting plan that works with your day-to-day schedule. We think that children gain from a continuing relationship with both of their parents. Our firm endeavors to work with you to produce a parenting situation that will permit you and your children to adapt to your separation. We also ask the respective parties to secure counseling for both themselves and the children who are involved.
If there happens to be issues concerning abuse, neglect, mental health issues, or any type of drug abuse, drastic steps are often required in order to protect the safety of all of your children. In these situations it is vital to have an experienced attorney who is able to instantly take some form of action for you to get the necessary court orders.