Rancho Cucamonga Child Custody Attorney
Legal Custody is having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care, for example. In California, family courts regularly award joint legal custody. This means that the decision making is shared by both parents. There are times where one parent makes it impossible to share legal custody. It could be because the other parent refuses to cooperate or communicate. At Burga Law Firm PC we help parents to enforce their custody rights.
Physical Custody is about which parent is the child going to live with. Also what type of visitation schedule will the other parent have. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter. In addition may make routine decisions concerning the child’s care. The law states that both parents have the right to an equal share time of child custody as long as it is in the best interest of the child. However, there are times where this plan cannot be accomplished because one parent is not fit, has a difficult work schedule, lives too far, or is a risk to the child’s safety and/or welfare.
Health and Safety of the child
The court will look at the health and safety of the child by considering certain factors. These factors can include the parents criminal history, the parents history of domestic violence or abuse to the child, and the parents habitual drug abuse. Courts will not grant custody to a parent who poses a risk of the child’s health and safety.
The court will look to which parent is most likely to encourage frequent and continuing contact between the child and the other parent. Some parents will try to restrict the other parent’s contact with the child. Sometimes it’s done as a form of punishment for finding a new mate, not paying enough support, etc. Courts are very unfavorable of a parent whose self serving conduct interferes with the other parent’s relationship with the child.
The court will consider the preference of a child. To do so, the court looks to see if the child is mature enough to make an intelligent choice of who to live with. A child that chooses to live with dad because dad promised him a new Playstation, it would not be considered to be mature enough to make a choice about custody. When the child is young, the courts may order a Minor’s Counsel. A minor’s counsel will represent your child in front of the judge. The job of the minor’s counsel is to interview the child and provide a report to the court. The court will consider the report to decide which parent should have custody or if custody should be shared.
Continuity and Stability
The courts favor continuity and stability of the child’s environment, maintaining already established patterns of care, and protecting emotional bonds with their caretaker.
At Burga Law Firm PC we have experience helping parents in establishing a custody plan that fits the best interest of their child. We serve the San Bernardino Family Law Court, Riverside Family Law Court, Los Angeles Family Law Court, and Orange County Family Law Court.