One of the hardest things to do when parents decide to get a divorce is to tell their children. It will not come as a surprise that when parents get a divorce with minor children the issues are greater. One issue is the actual filing for a dissolution of marriage. In most courts there are additional documents and hearings that will be required. The second issue is the challenges with coming up with a schedule that is for the best interest of the child. The making of the schedule can also be very time consuming and difficult when parents do not see eye to eye. Unfortunately, attorneys can cost an arm and a leg and most people just cannot afford one.
We at SmartLDA can help you with your forms and get your life back together! Let us help you with your child custody in California case! Contact us today for a free initial consultation!
The Orange County Superior Court website provides you with a guideline of custody and visitation information. Here is the following information provided by the site:
- What is legal custody?
- What is physical custody?
- What is a parenting plan?
- Where can the parent get help coming up with a custody and visitation arrangement that will work for both parents?
- Do you need to file for divorce or legal separation to get custody and/or visitation orders?
- Does the divorce have to be final before you file for custody, visitation and support orders?
- How do you tell the court what you want from the custody and visitation rights?
- How do you change or modify a child custody order?
- What if the order was made in another state, how do you make changes?
- How do you protect your child if the other party is not taking good care of him/her during their visitation rights?
- What does a child custody evaluation order from the court mean?
- Will the court consider what the child wants?
- What can you do if the other parent threatens to take the children and not tell you where they will be?
- How do you give notice to the court asking for an emergency temporary order?
Legal Custody:
If a parent gets legal custody they will be allowed to make decisions for the child’s health, education, safety and welfare. Legal custody can be given to both parents or just one parent. If sole custody is given to only one parent that parent alone can also make decisions about school, doctors and general welfare.
Physical Custody:
If a parent gets physical custody they will be allowed to make the decision as to where the child lives. Most often one parent will have the child live with them and the other parent will get visitation rights or whatever is agreed upon in court. If both parents have physical custody then both will have the child for a period of time. For example, one parent can have the child live with them for four days out of the week and the other parent three days out of the week.
Parenting Plan:
A parenting plan is usually discussed amongst both parents. This plan will be in writing and usually very detailed. The writing can consist of what days each parent sees the child, holidays, vacations, the school of the child etc.
Custody and visitation arrangement:
When parents do not see eye to eye a mediation can be set by the court to help with the custody and visitation arrangement.
When can you file for child custody/visitation:
A parent can file for child custody or visitation even if the parents are still married. There is no need to file for a divorce in order to obtain this order.
How to tell the court want you want:
If the parent is the respondent you will have to make sure to respond once you receive papers from the other party. If you do not respond the court is allowed to make the decision without your input.
Changing or modifying a child custody order:
If you are trying to change or modify a child custody order you will have to make a request with the court. The court will set a mediation date and a hearing date. The court will then consider the new changes and decide if the modification will be allowed.
When the order was made in another state:
If your order was made in another state, you could possibly move it to Orange County. However, because each state has its own laws pertaining to child custody it would be wise to seek legal help by either your courts self-help facility or by hiring a professional.
Protecting your child from the other parent:
If you want to protect your child from the other parent for any reason you can file for a Request for Order with the court asking that the other parent be supervised when it is their turn to have the child. The court will determine if this is necessary and if so where the visits will take place, what times and who will pay for it if a professional supervisor is obtained.
Child custody evaluation:
If a court orders a child custody evaluation this means the court will appoint someone to evaluate the health, safety and welfare of the child. The court wants to see what the best interest of the child is and will do this by interviewing the parents, family members, teachers and medical providers. A report will be made and shared with the parents.
What the child wants:
The court always looks at the best interest of the child. However, each case is different and each child is different. The courts vary their decision based on each case. There is no defined reasoning but they may consider the maturity of the child, the reason the child wants to live with a parent and whether the child has been pressured.
Other parent threatening to take the child:
In certain situations, you can make a Request for Order and a court can make a Temporary Order in emergency situations. A 24-hour notice must be given to the other parent unless your situation cannot wait.
Getting a divorce is difficult and even more difficult when there are children involved. Let us at SmartLDA help you with your case. We will help you fill out the proper forms and guide you with the mediators available to you in Orange County who can assist you in navigating the custody issues that may arise.