Determining where a child should live during and after a divorce is one of the most difficult decisions you make throughout your entire life. When determining where a child should live and how often the child should see each parent, the California courts look at a number of factors and ultimately focus on what is in the best interests of the child. At Miranda, Magden & Miranda, we have helped many clients navigate the complicated issue of child custody and build the best possible best-interest argument for sole or joint custody of their child after a divorce.
California courts can allocate child custody between parents in a number of ways. There are two types of custody: Legal and Physical. Sole legal custody of the child means that one parent is given full authority to make decisions for the child, including decisions about the child’s health, education, religion, living and travel, and everyday life. Joint legal custody gives both parents the right to make important decisions on behalf of their child.
Physical custody describes where the child lives. The court may grant one parent sole physical custody of the child, which is when the child lives with only one parent but normally has visitation times with the other parent. Joint physical custody is where the child spends time living with both parents on a regular basis.
The judge in a child custody hearing will consider a number of factors when determining custody of a child, but ultimately the decision comes down to what is in the best interests of the child. Factors considered include, but are not limited to, the following:
The court may consider the wishes of the child, but their desire to live with one parent or the other is not binding on the court. Typically, the court will hear from the child if they are 14 years old or older. Children younger than 14 are sometimes heard in court, but more often the judge relies on the statutory factors when determining with whom the child should live. An experienced family law attorney can help you reach a reasonable decision with your co-parent, and if that is not possible, help you prepare for a child custody hearing by presenting the best possible best-interest argument for sole or joint custody of your child.
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If you have decided a divorce is the best route for you, I highly recommend working with Levi and his team. Calm and collected, Levi will guide you through the process. His goal is to work strategically and methodically to get you the best outcome. He does not rush you into options or to settle on things you are unsure or uncomfortable with. He also does not drag out the process any longer than it needs to be. His support team (call scheduling, payment) are responsive and helpful.
This law firm made sure they got every single detail to my case. You could tell they truly care about their clients and doing everything they can to win your case. Truly professional and caring people!
Patricia has been so helpful and provided excellent service. My husband and I are so grateful for all the help she has provided to help me immigrate to the United States. We really could not have gotten through it without her help. A big thank you to Patricia\'s assistant, Ingrid as well for always being prompt with responses and helping us get all the paperwork ready at each stage. I highly recommend Patricia for anyone who needs immigration help.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
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