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Family Law: Children

Child Custody

How Much Time Will You Get With Your Children?

Whether you are going through a divorce or are involved in a paternity case, if you have children, the court will need to issue a child custody order. An experienced advocate can help you pursue an appropriate amount of time with your children and level of involvement in their lives.

At the Diamond Law Firm in Los Angeles, we have helped many parents resolved difficult and complex child custody issues. If you are concerned about child custody, contact us to schedule a free consultation with one of our experienced family law attorneys.

Understanding Legal and Physical Custody

In California, the presumption in child custody law is that both parents will be granted joint legal and physical custody over their children. That means there needs to be a good reason — such as substance abuse or domestic violence — for deviating from this presumption.

  • Legal custody is the right to make and participate in important decisions over issues such as a child's education, medical treatment and religious upbringing.
  • Physical custody is the right and responsibility of providing day-to-day care to the child.

While joint legal custody gives both parents an equal say in major decisions, physical custody does not necessarily mean a 50/50 split of parenting time. California is, however, moving rapidly toward a preference for a roughly 50/50 arrangement.

If, for whatever reason, one parent gets sole custody of the children, the other parent is likely to be granted some amount of visitation.

Closely Examining All Relevant Issues

There are many factors that can influence the amount of custodial or visitation time that each parent gets with a child. The courts — or the parents — may want to consider issues such as which school district each parent lives in and the preferences of the children.

Each parent's share of parenting time is a major factor in child support calculations, so it is important to consider your ability to provide day-to-day care as well as financial support.

Ultimately, every child custody case is unique. To discuss your circumstances with an experienced child custody lawyer, contact us today.

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