When it comes to matters concerning child custody, your best option is to consult a knowledgeable and experienced child custody attorney in Upland, CA.
Child custody is the legal arrangement between a parent and their kid in which the parent is responsible for raising the child and has the authority to make decisions for the child. When you separate from your spouse, child custody becomes a problem.
However, if you and the other parent divorce amicably, you and the other parent can agree on a parenting schedule that specifies who will have custody of the kid and when. If you and the other parent cannot agree on a parenting schedule, the court must decide based on your child’s best interests. Family law in California can get extraordinarily difficult in this area.
For years, the Law Office of Stephen Gassner has helped thousands of clients with their child custody cases. We can help you and will work hard to give you the individualized, careful service you deserve.
Factors that Affect Child Custody Decisions in Upland, California
Knowing the factors the judge could consider when determining the kind of custody to grant is helpful if you are involved in a custody dispute. The age and health of the kid and parents are just two of the numerous things the court considers. The judge may also consider the child’s emotional ties to each parent. The California Family Code outlines the criteria the court must consider in each custody case. It also contains elements the judge may not consider, such as either parent’s gender expression, sexual orientation, or sex and gender identity.
The outcome of your custody case might be affected by various variables. Here are some of the frequent elements that courts consider when deciding who gets custody:
Ability to Support the Child
The court considers a parent’s ability to sustain a child as supporting a child’s financial, emotional, and physical needs, which is essential in this decision. Income does not affect a parent’s capacity to provide for a kid. However, child support amounts are determined using each parent’s income.
Considering the family’s situation, the desire and determination to ensure the kid’s requirements are satisfied can be regarded as supporting a child. It entails maintaining a clean, safe household and fostering communication between the kid and the other parent. Ensuring a child attends school, forms healthy routines, and has excellent habits is part of supporting them.
The History of Domestic Violence or Allegations of Abuse
The court will thoroughly investigate if there are abuse or domestic violence accusations. The court will not put the kid in a dangerous or harmful situation. It is crucial to remember that some parents may use fabricated claims of abuse or violence as leverage in custody disputes. If you are being accused of abuse or domestic violence, please get quick legal assistance from a family law attorney. You can lose custody of your kids and must go through supervised visits.
Stability and Schedules
A court could be hesitant to take a kid away from a secure family, especially if doing so would put the youngster through unneeded mental pain and worry. The courts, therefore, work to keep the kids in their familiar environment. They also try to minimize disruptions to the kids’ schedules.
The idea is to avoid making too many changes while enabling the kids to have substantial contact with both parents. Sometimes, more so than parents, children experience the repercussions of divorce. Thus, preserving as much stability as possible in their routines and living conditions helps lessen divorce’s adverse effects. A judge may consider a person’s participation in extracurricular activities, social engagements, sports, and other events. When possible, the parents may need to adjust the child custody and time-sharing arrangements to fit the kid’s schedule.
Children's Priorities
The judge may consider a child’s desire for custody. Compared to younger children, the choices of older, more developed youngsters are given greater weight. Judges must constantly be wary of parental manipulation while viewing a child’s choice while making custody decisions. To “win” a custody dispute, parents may influence kids and try to alienate a child from the other parent. The effects of parental manipulation and estrangement on the kid are grave.
Other People in the House
The court also considers additional occupants of each dwelling. For instance, moving a kid away from half- or step-siblings may harm the youngster’s emotional health. Placing a kid with a stepparent or another adult with a history of abuse claims in the family is also not recommended. The judge closely examines who lives in each home and balances the parents’ requirements and preferences with the kid’s best interests.
Allegations of Substance Abuse
Living with a parent with a drinking or drug issue may be unsafe for the child. The judge may grant custody to the other parent under certain circumstances. Like abuse and violence, a spouse may use fabricated claims of drug usage as leverage to get complete control of a kid.
Frequently Asked Questions
How is Child Custody Determined in California?
When a child’s parents can agree on child custody, the court will often issue an order confirming the terms of the agreement. The parties may need to participate in arbitration or mediation if they cannot agree. If everything else fails, the court will hear the case and issue a ruling the parties must follow. When deciding child custody, the court will consider testimony, the report of a court-appointed guardian looking out for the kid’s best interests, and other evidence. The standard the court applies in making these judgments is always what is in the child’s best interest.
Does Child Custody Primarily Go to One Parent in California?
Many individuals form the false assumption that this is true. The response is “no.” The fact is that courts frequently grant other forms of custody, such as shared physical custody, shared legal custody, or a mix of both. Although some jurisdictions need a primary caretaker, this only sometimes means one parent receives sole custody. The courts always give the evidence and the child’s best interests priority.
If I Share Child Custody 50/50, Do I Have to Pay Child Support?
Child custody and child support are connected yet very differently. The parent who sees the kid the least will be liable for paying child support. The courts will consider the parents’ incomes and future earning potential in cases where both parents have shared legal and physical custody. One parent may be obliged to pay child support to the other parent if their income is much higher than that of the other parent to help the parent with the lower income sustain their kid.
Get Help With a Child Custody Case Sooner Than Later
Child custody cases can be complex. Even if your kid’s other parents seem amenable to negotiating a joint custody arrangement, they could change their mind anytime. It is best to have an experienced Child Custody Attorney in Upland, CA, like The Law Office of Stephen Gassner, on your side from the beginning. Talk to a divorce lawyer immediately if you and your spouse consider separating or divorcing. Before the lawsuit is even filed, Stephen Gassner can assist you in taking action to safeguard your best interests and the interests of your children.
Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000
Mr. Gassner is a Certified Family Law Specialist, certified by the California State Bar Board of Legal Specialization. He is also a member of the Association of Certified Family Law Specialists and a member of the California Lawyers Association Family Law Section.