Understanding California Custody Decisions
Child custody involves two forms of custody: legal custody, or the ability to make decisions for a child, and physical custody, which determines where the child lives and spends their time. In every custody dispute in Riverside, the judge will rule on both aspects of custody to create a legally binding child custody order. Both parents must adhere closely to the terms of this order or risk severe penalties, including the potential loss of their custody rights.
Most family court judges in the state aim to disrupt a child’s life as minimally as possible in their custody decisions. However, the court must always rule in favor of the child’s best interests, and they must carefully evaluate many criteria to do so. Whether a judge is ruling on a divorce involving custody decisions or resolving a single-issue custody case, a few of the criteria they must consider include:
- Each parent’s income. This will factor significantly into a child support determination. In every custody case, one parent will invariably end up paying child support to the other. The differences in income and physical custody rights typically dictate which parent pays support to the other.
- Each parent’s work schedule. A custodial parent must have the availability to handle their child’s everyday needs. Therefore, the judge will evaluate the parents’ schedules and their child’s needs to determine which parent is more capable of handling physical custody.
- Criminal history. A Riverside family court judge is highly unlikely to grant substantial custody or visitation rights to any parent with a criminal record, especially if that record includes any violent felonies, domestic violence, or any crimes involving harm done to any child.
- The needs of the child. Some children have special needs in terms of medical conditions, developmental delays, and other unique considerations. Parents seeking custody must demonstrate sound ability to manage their child’s everyday needs and provide the specific attention their child’s special needs require.
- Each parent’s bond with their child. Judges will carefully evaluate the parents’ respective demeanors in their proceedings to see whether parents are more focused on winning their case or ensuring their child’s best interests. If a child is mature enough to convey their thoughts, the judge may want to hear what they have to say in terms of their preferences as to which parent they would prefer to have custody.
Every case is unique, and many other factors can come into play in any custody determination. Once the judge has evaluated all the evidence and testimony available, they will decide on physical and legal custody of the children in question.
When both parents are fit and able to handle their child’s basic living needs, a joint custody order is the most likely outcome of their custody case. Parents will likely share physical custody according to their work schedules and their child’s schedule. When it comes to legal custody, it’s possible for parents to equally share this responsibility even if they have an uneven split of physical custody time with their children.
What to Expect in Your Child Custody Case in Riverside, CA
Every child custody case is unique, but there are several things every parent should keep in mind. First is the value of legal counsel you can trust. The emotional stress of a child custody battle can, unfortunately, compel some parents to make poor choices, damaging their ability to secure the custody and visitation rights they hope to obtain. Second is the need to be honest and complete in all the submissions you provide to the family court. You will likely be required to submit many types of records and documentation for your child custody case, and any intentional omissions or obfuscations can have a tremendously negative effect on your case.
The team at the Najera Law Group, PC, will carefully explain the unique legal mechanisms that may come into play in your child custody determination. We understand that every family is different, and every parent facing a custody case will have different concerns when it comes to their goals for custody. Our firm has solid experience handling the most challenging custody disputes in Riverside, and we are prepared to extend the full scope of our legal skills and professional resources.
FAQs About Riverside Child Custody Law In California
How Much Does a Riverside Child Custody Attorney Cost to Hire?
Most family law attorneys charge hourly rates for their legal representation, tracked in 10- or 15-minute increments. This means that the longer your Riverside child custody attorney must spend working on your case, the more you will spend on legal fees. Always review a prospective attorney’s billing policy before signing a contract for their representation.
How Can a Parent Lose Custody of Their Child in California?
Involuntary termination of parental rights may come into play whenever a parent demonstrates behavior that poses a clear threat to the health and well-being of their children. A criminal conviction, evidence of a severe substance abuse disorder, child abuse of any kind, domestic violence, or failure to address their child’s basic living needs are just a few possible reasons a parent could lose custody and visitation rights.
What Happens if I Want to Move With a Custody Order?
Relocation can easily generate contentious modification hearings in the Riverside family court. If you are a custodial parent and wish to move with your child, you must prove that the intended move would better answer your child’s needs than your current living situation if the move would interfere with their other parent’s custody and visitation rights. If you need to fight your co-parent’s plan to relocate, you must be prepared to show that the move would be detrimental to your child in some way.
Is Hiring an Attorney Necessary for a Custody Dispute?
A child custody determination can be an incredibly stressful ordeal for any parent, whether it is a standalone family court issue or part of a larger divorce case. Experienced and reliable legal counsel is an invaluable asset in this situation. Your Riverside child custody attorney can provide measured and objective guidance that enables you to make more informed decisions about your legal options in your case. Even if you believe you can make a compelling case on your own, it is always best to invest in the services of an experienced Riverside child custody attorney to support you through your proceedings.
How Long Does a Custody Case Take to Complete in Riverside?
The time required to complete a child custody case in Riverside largely depends on the parents’ willingness to compromise and commitment to their children’s best interests. Your Riverside child custody attorney can provide an estimate of how long your case may take to complete, but ultimately every child custody dispute requires careful consideration of a range of variables and the unique details of your situation. Therefore, the sooner you secure an attorney’s assistance, the better your chances are of reaching your preferred outcome.
Contact Us Today
The Najera Law Group, PC, can answer any other pressing legal questions you have about the child custody determination process and what you can expect during your proceedings in the Riverside family court system. Our team has helped many parents through their custody cases, from initial determinations to relocation disputes and modification hearings. Whatever your situation entails, you can expect personalized and responsive legal counsel from our team through every stage of your case. Contact us today and schedule your free consultation with a Riverside child custody attorney you can trust.
