Child Custody Attorneys Orange County California
What does having custody of a minor child mean? That is one of the most frequently asked questions to child custody attorneys. Orange County, California family law defines custody in two ways. There is physical custody and legal custody. You can hold physical and legal custody either jointly or solely. Having joint physical custody does not necessarily mean that you have the child or children fifty percent (50%) of the time. The term “joint” means that both the mother and father equally have the legal right to have physical visitation with the minor child. The party who physically has the minor child for more percentage of time has primary physical custody. The other party holds secondary custody. The fight is usually about who gets more time with the child and how that affects child support. Most child custody attorneys in Orange County California will be able to run the dissomaster guidelines and be able to advise you on child support issues as well as custody issues.
A party can also hold sole physical custody. Again, this term does not mean that the other party does not get to see the minor child at all. Reasonable visitation is ordered by the Court even if one party holds sole physical custody. If a party has sole physical custody of a minor child, it technically allows a party to move to other counties, states or countries without the permission of the other party. However, be aware that most custody orders limit the power to move a minor child away without consulting the other parent. If you think that your child is going to be moved away, you need to immediately consult with child custody attorneys. Orange County, California Judges do not like to see that one parent is deliberately trying to undermine the relationship of a child and the other parent by moving the child away. Even if you have sole physical custody, you should not disrupt the visitation schedule of the other parent ordered by the Court. The goal of the Court is to provide continuous and uninterrupted contact between the minor child and both parents as to promote the best interest of the minor child.
Legal custody can also be held jointly or solely. Legal custody gives the parents the legal decision making power, mainly, over the health and education of a minor child. So, joint legal custody is usually what is ordered by the Judge, because that gives both parents equal power over the health and education of their child. The problems come into issue, for example, when one parent wants to send the child to a private school and the other parent does not. Another example would be if a child has physical or mental health issues and has special needs or recommended medication. One parent wants the medication and the other parent does not. If you cannot agree with the other parent and you either hold joint legal custody of a minor child or custody is not yet established in your case, you need to consult with child custody attorneys. Orange County California schools and physicians will abide by an order of the Court.
If we can help in any way with your child custody case, please give us a call at 800-784-6670 or fill out the contact form above.
