• Divorce Can Be a Difficult Process for Anyone

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    From understating your income to the improper use of Dissomaster, your family may be put at financial risk when calculating support.

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Child Custody & Visitation in Rancho Cucamonga, CA

San Bernardino, Rancho Cucamonga & Upland Divorce Attorney

Custody and visitation issues usually arise in the process of the divorce or, in the case of unmarried parents, in a paternity action. The court will make orders regarding both physical custody and legal custody. Due to the importance of such family law matters, it is crucial that no time is wasted in getting the involvement of an experienced Rancho Cucamonga family law attorney who will be able to stand up for your best interests. As a certified Family Law Specialist, you can trust in Aaron M. Hudson to provide you with skilled and compassionate legal representation when it is needed most. Read below to learn more about custody!

WHAT IS PHYSICAL CUSTODY?

Physical custody refers to with whom the child resides.

  • Sole physical custody means that the child will reside with and under the supervision of one parent.
  • Joint physical custody means that each parent will have significant periods of physical custody.

WHAT IS LEGAL CUSTODY?

  • Sole legal custody means that one parent will have the right and responsibility to make decisions regarding the health, education, and welfare of the child.
  • Joint legal custody means the parents will share that right and responsibility.

How is child custody awarded in California?

Custody must be awarded according to the child's best interests. The California legislature has declared that it is the public policy of the state to ensure minor children have frequent and continuing contact with both parents after their separation or dissolution. It is also the policy of the law to encourage parents to share the rights and responsibilities of child rearing, except when that contact would not be in the child's best interests.

California law establishes no preference or presumption in contested proceedings for either sole or joint custody. However, the legislature has declared that is the public policy of the state to ensure that each child's health, safety, and welfare—expressly including freedom from child abuse and domestic violence in the child's residence—be the court's primary concern in determining the child's best interests.

How does the court determine the child's best interests?

There are a number of statutory factors the court considers in determining "best interest." However, custody determinations may not be based on gender, race, or sexual preference (except where detrimental to the child). Courts typically require the parties to participate in mediation prior to litigating their custody dispute. Courts also may appoint an attorney for the child or may order a child custody evaluation to be conducted.

What is custody mediation?

Mediation is a counseling session whereby a trained therapist attempts to help the parties reach an agreement regarding child custody and visitation. Some counties, such as San Bernardino and Ventura, are "recommending counties," which means if the parties do not reach an agreement, the mediator will make a custody recommendation to the court. In other counties, such as Los Angeles and Orange, the mediators may not make a recommendation to the court and everything that is said in mediation remains confidential.

At what age does the child get to decide who he lives with?

While the court will consider a child's preferences in making custody determinations, that preference is weighted in accordance with the child's age and maturity. In some cases, the preferences of 10- and 13-year olds have been found to be very mature and were properly considered, while in other cases, courts have found disregarded preferences stated by teenagers because they were not supported by mature reasoning.

To learn more about how our law firm can help you fight for a fair agreement, please contact us now!

  • Divorce Can Be a Difficult Process for Anyone

    Aaron M. Hudson is Certified as a Family Law Specialist by the State Bar of California, Board of Legal Specialization. Meet with him today to discuss your family law case and explore your legal options.

    Get Divorce Info
  • Calculating Child Support Can Be Messy

    From understating your income to the improper use of Dissomaster, your family may be put at financial risk when calculating support.

    Get Child Support You Deserve
  • Connect With Our Experienced Firm Today

    Take the first step toward solutions by scheduling a consultation with Aaron M. Hudson. Start a new chapter in your life today!

    Get in Touch with Us

Contact Us

Aaron M. Hudson
Rancho Cucamonga Divorce Attorney

Located at:
9353 Fairway View Place,
Suite 120,

Rancho Cucamonga, CA 91730
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Phone: (909) 581-4888
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*Certified by the State Bar of California, Board of Legal Specialization

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.