Child Custody Attorney in Tustin
As a parent, we know that you want what is best for your children. When determining which parent gets primary custody over the child or children, the court does just that – it aims to reach a decision that is in the best interest of all children involved. Under the law’s common statutory provision, if the spouses have children together while married, the parents have joint guardianship over the child and rights to the child are equal. So how does the court decide which parent gets custody? In considering what is in the best interest of the child, the court uses the following factors to make its decision:
- The wishes of the child’s parents
- The wishes of the child
- The child’s relationship with each of the parents
- The child’s comfort in his/her home, school, and community
- The mental and physical health of all involved individuals
The parent with custody of the child controls and make decisions relating to the child’s education, religious upbringing, and health care.
At the Law Offices of Tracey N. Lundquist, we will be your representative in court and assist you in building your case for obtaining custody over your child. There’s no better Tustin child custody attorney to represent you and the interests of your children.
It is the responsibiliy of each parent to state their case for custody. At the Law Offices of Tracey N. Lundquist, we will be your representative in court and assist you in building your case for obtaining custody over your child. While nothing is certain, and everyone’s situation is unique, building a strong case for child custody will increase the likelihood of reaching an outcome that you are pleased with.
Types of Child Custody
The court has the option of granting one of several different types of child custody.
- Temporary Custody: Grants custody to an individual for a brief period during the divorce or separation process.
- Exclusive Custody: Grants one parent all of the custody rights. The parent without custody, in some cases, may receive supervision rights or supervised visitation rights.
- Joint Custody: Grants equal custody to both parents. This happens in cases where both parents can properly exercise their parental duties.
- Third Party Custody:Grant custody to a third party if that third party has sought custody. Third parties are often grandparents or other close relatives of the child.
The court’s decision on the type of custody is determined based on many of the same factors outlined above. Like the decision as to which parent receives custody, custody type decisions are based on the best interests of the child.
In cases where the court awards exclusive custody over the child, the parent without custody has the right to see and visit the child, unless that parent is deemed by the court to be contrary to the child’s best interests. Cases in which courts deny visitation rights often include parents who have physically or emotionally abused the child or who suffer from a mental illness that would emotionally devastate the child.
In cases where visitation is granted, the court will decree the terms of visitation which will outline the retrictions of when the non-custodial parent has the right to visit the child.
If you are interested in meeting with a Tustin child custody attorney about child custody and your divorce, please schedule an appointment so we can talk about your particular case and help you decide whether hiring an attorney to represent you in your divorce is right for you.