Factors That Determine Child Custody
A child custody lawyer can elucidate specific factors that may have a role in determining who the child stays with. These include:
- Which parent is the most likely to encourage visitation from the other parent
- The best interests of the child in question
- The wishes of the child if he/she is over 12 years of age or older
- Frequency of domestic violence, if any
- Frequency of drug use, if any
If children feel safe and cared for by both parents, they should not be deprived of either. There are a number of aspects that come up in custody negotiations during the divorce process, such as: Can you have legal or physical custody of the child – something a divorce lawyer can help you out with.
The Custody Framework
Within the context of a separation, divorce, child abuse allegations and domestic violence, child custody can become quite complex. Even though the rights of the parent and child take priority, the state obviously has an interest in the welfare and future of minors. Under California law, this can increase the number of people who are involved in the child’s custody.
Besides the institutions that may have legal precedence to intervene on behalf of the child, the court may appoint a guardian to represent him/her as well. The court’s decision to provide protective measures as per the welfare of the child may come about if there are allegations of child abuse against one parent.
Under Section 3030, a parent who has been accused of neglect or abuse may be denied visitation rights as well as custody by the court. Additionally, if one parent abandons the child or does not want custody, the other parent can get sole custody.
This is how I ensure a parent who has the child’s best interests at heart can win custody:
- By doing a thorough background check on each parent regarding their care for the child
- Discussing the child’s requirements after the divorce or separation and how the parent can fulfill them
- Nature and frequency of contact of the child between both parents
- Determining if the parents can be trusted with joint, physical, legal, or split custody
Get In Touch With The Law Offices Of Steve Whitworth For A Consultation
If your child has been neglected or abused by your spouse or you think you can be a better provider, you have every right to fight for it in court. Rather than doing it alone, get in touch with professional child custody lawyers from the Law Offices of Steve Whitworth today. Call 916-659-5233 to get a free consultation regarding your case.
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