Child Custody Law: What is it and is it Right for You?

Custody refers to the legal right of a parent to make decisions for his or her children. It is important to understand the laws that apply in California before deciding to get divorced. Once the divorce is final, the custody laws are still in effect. If the divorce is not final, the custody laws apply while the divorce is pending.

What is Custody?

Custody refers to the legal right of a parent to make decisions for his or her children. This includes visitation, child support, and the right to make medical decisions. It does not include the right to determine the child’s education. It is important to understand the laws that apply in California before deciding to get divorced.

Divorce is a legal proceeding in which a couple must decide the following:

Whether to dissolve the marriage

Who will have legal rights to their children

Who will have the physical custody of their children

If the divorce is final, the custody laws are still in effect. If the divorce is not final, the custody laws apply while the divorce is pending.

Custody and child support can be part of the same process or can be completed as separate issues. The legal separation of the parents is the first step toward a divorce and a legal determination of the parents’ rights and responsibilities. In this phase, both parents agree to a Orlando child custody attorney  visitation schedule that is fair and reasonable for the children. If the parents do not agree, the court will decide who will have legal rights to their children.

After a legal separation, parents must agree on a custody and visitation schedule. The parents can agree to joint custody (both parents have rights to make decisions for the children), primary custody (one parent makes most of the decisions for the children, but the other parent can make some decisions), or sole custody (one parent makes all of the decisions for the children). The court determines the legal rights of the parents based on the circumstances of each family.

The court will then decide child  support and will order the parents to pay their court-ordered child support payments. If there is joint legal custody, the parents must agree on how they will share expenses for their children. The court may order one parent to pay child support to the other parent.

If the parents do not agree on custody and visitation, the court will decide who will have legal rights to their children. If the parents are still married, the court will determine the legal rights of the parents based on the circumstances of each family.