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Child custody cases can be incredibly overwhelming, both emotionally and circumstantially. Even when both parents truly have good intentions, the endless complexity of legal documents and terminology can quickly put a strain on your worthwhile endeavors. Fortunately, you do not need to work on resolving a child custody case on your own. Hiring a Pomona child custody lawyer can help you achieve the results you desire and improve your experience.
If you are trying to figure out joint custody with your former partner or are even looking to earn sole custody of your child, a Pomona child custody lawyer can help make a monumental difference in not only your case but also your experience with the California family court system.
There are approximately 4%, or 13 million, individuals in the United States who are custodial parents. Child custody can be broken into two main classifications: legal and physical. Once you have established which kind of custody both parents have, there are subcategories that flesh out how your legal and/or physical custody translates to your unique situation.
Legal custody refers to a parent’s legal decision-making power, meaning their right to make significant decisions directly relating to the raising of their child. These types of decisions include things like where they go to school, if religion will be involved in their upbringing, how to meet healthcare needs, and more.
Physical custody means that the parent has been granted the right to spend time with their child. This includes visitation rights, living with them, and their right to spend holidays or pre-scheduled time with their child. Parents who only have physical custody instead of both legal and physical are not permitted to make the same kinds of decisions as a parent with legal custody can.
Not only is it far more common than in the past, but nowadays, parents are usually encouraged to share joint custody of their child. There are, however, still some situations that may be deemed unfit for such an arrangement. Domestic abuse, sexual abuse, past convictions, drug use, neglect, and an unstable home life are all examples of lifestyle choices that could lead to the court granting sole legal, and sometimes even physical, custody to a specific parent.
A parent without legal custody may be granted supervised visitation rights or the ability to call or text with their child, but if the court determines that a parent is exhibiting behaviors that may be harmful to the child in any way, legal officials will focus on protecting the child, even going as far as to deny a parent visitation rights or contact of any kind with their child.
If you are currently undergoing a domestic abuse situation, you can contact either the National Domestic Violence Hotline or the California Victims Resource Center (CVRC). The CVRC offers a surplus of resources to help both you and your child in the pursuit of a safer home environment, even offering those fleeing from domestic abuse a place to stay.
If you are worried that your former partner might abduct your child before the proceedings are completed, it is wise to inform your lawyer right away. Understanding the difference between legal and physical child custody is crucial in these situations. Parental abductions are the leading form of kidnappings in California, and it is always better to be safe than sorry when it comes to the well-being and safety of your child.
Once you and your child are safe, you and your lawyer can schedule an appointment with a local courthouse to finish your case. One location is the Pomona Courthouse South. This courthouse handles family law cases, including divorce and custody matters, and is conveniently located in Pomona.
A: If the court has decided that the non-custodial parent is allowed to receive visitation rights, then it is illegal for the other parent to withhold any of said rights from them.
Sometimes, a parent may experience limited visitation rights because their risky behavior is potentially dangerous for the child to be around, but if the California court system has not declared this to be the case, the other parent cannot legally prevent them from taking advantage of their visitation rights.
A: According to Family Code § 3040, fathers and mothers have equal rights regardless of gender under California child custody law regarding child custody and visitation. While potential variables or risky lifestyle choices may factor into the court’s custody decision, custody cannot legally be awarded based on the gender of the parent.
The court generally encourages couples to engage in a joint custody agreement, as it is often beneficial not only for the parents but, even more importantly, for the child.
A: Each child custody case is unique, causing the final cost of a child custody lawyer to vary case by case in California. The duration of your case, as well as its complexity and who you choose to hire, can directly impact your overall price, but the way these details translate will be unique to your case. At All American Law, our team does everything they can to secure the results you feel are worth the money you may spend.
A: Yes, it is possible for you to represent yourself in a child custody case in California, but many individuals find hiring a Pomona child custody lawyer to be incredibly beneficial and monumentally helpful. When you enlist the help of a lawyer from All American Law, you will find that you do not need to manage the complicated legal and administrative proceedings alone, which gives you more time to focus on what truly matters: your child.
The well-being and safety of your child matter more than anything, but it can be difficult to secure on your own. Fortunately, a Pomona child custody lawyer can help.
At All American Law, our legal team works hard to walk alongside you, offering compassionate and knowledgeable insight as you strive to secure a safe and beneficial custody arrangement for your child. Contact us today to schedule a consultation.