CLICK HERE FOR A CONSULTATION Laurence J. Brock is a California State Bar Certified Family Law Specialist
Rancho Cucamonga Child Custody FAQ
If you are looking for help with a child custody case, you may have many questions about where to begin and what to do. You have to consider court appearances, visitation, child support, and more. This can be an emotional and tumultuous time for the whole family, so getting answers and seeking out the right lawyer is vital.
The Law Office of Laurence J. Brock can help with all aspects of your case. We can get you the answers you need during a free consultation with our attorneys. In the meantime, before you get your consultation, check out this collection of common questions so you know what to expect before you seek custody.
How does a California court determine child custody?
When determining custody, the court will consider the best interests of your child and look at a variety of factors, including:
- Your Child’s Wishes – The judge will consider your child’s parental preference if they are old enough to express an opinion about this. This may happen during family mediation or at a child interview center. Kids over 14 years of age can directly express their preference to the judge.
- The Relationship Between Parents – Courts look at how well two parents get along with each other when they are making determinations about sole or joint child custody arrangements.
- The Relationship Between Children and Siblings – If possible, courts try their best not to split up siblings if they can avoid doing so. But if they do need to make such arrangements to ensure proper care, then they will try as much as possible to still keep siblings together within reasonable boundaries.
What is sole custody?
Sole custody means that one parent gets custody of the child, and the other parent gets visitation rights. The parent who has sole custody is known as the custodial parent. While both parents may still have legal rights to the child, the child will stay with one parent for the majority of the time.
The custodial parent is typically responsible for decisions about educational matters, religious upbringing, medical care, extracurricular activities, and other major issues in their daily life.
What is joint custody?
Joint custody is a type of child custody that allows both parents to make decisions regarding the care, control, and welfare of their children.
In Rancho Cucamonga and elsewhere in California, joint physical custody can be awarded if it is in the child’s best interests and if both parents agree on it. An exception exists in cases where domestic violence has occurred.
If only one parent wants joint physical custody, the parent that desires it can ask for an exception. This is done by showing that it would be detrimental to the child if they lived with just one parent instead of both parents sharing responsibility for parenting duties.
How is child support calculated?
The courts generally look at each parent’s income, and the number of children involved and then determine how much child support parents will pay. The amount is based on a percentage of that parent’s income. A higher rate is usually applied if one parent earns significantly more than the other.
Other factors such as high medical bills or special education costs may also be considered when child support payments are calculated.
Do I need a lawyer when seeking custody of my child?
When you’re facing a child custody dispute, you may think you and your spouse are on amicable terms and you don’t need a lawyer. Unfortunately, it may not be that simple to handle your child custody case.
For example, your spouse may seem amicable, but things may fall apart during mediation discussions. In other cases, you may be concerned that your custody rights may be in danger. Often, your best options may be to work with an attorney, who can help you gather evidence that you should receive custody of your children and represent you in court.
Contact a Family Law Attorney in Rancho Cucamonga
In the end, your divorce is about family dynamics, your children, and your children’s future. You and your spouse both will want what is best for your kids, but when you find yourself in the midst of a custody battle, things can get complicated.
When your child custody case gets complex, reach out to the attorneys at The Law Office of Laurence J. Brock for the answers you’re looking for. They have the answers you need for your case and the tools you need in court. Reach out for a consultation by calling 909-466-7661 or by completing the online contact form below.
