Child custody and visitation agreements and orders provide guidance to parents with regard to access to their children. Parents may not always agree with these arrangements, but they must adhere to them while they are in place. Those who seek to interfere with another parent's custody or visitation rights may wind up facing serious legal trouble.
It seems like any time you look at the news nowadays there are stories about substance abuse and drug overdoses. The problem has worsened significantly over recent years with the explosion of opioid use. While this issue is finally starting to receive the attention it deserves, some individuals fail to recognize that substance abuse can play a significant role in family law matters, especially child custody and visitation.
For many Californians who are going through a divorce or a breakup, their future relationship with their children is their top priority. Although many couples are able to end their relationships amicably, thereby allowing each parent to play a pivotal role in their children's upbringing, sometimes the matter isn't so easily resolved. In fact, many times child custody disputes are the most hotly contested issue in family law. Therefore, those considering a divorce or a split with a significant other need to understand what they need to show to a judge in order to protect their rights.
Family law matters can be extremely complicated. Some people may think that a divorce simply results in joint custody agreements, an equal division of property, and the nonpayment of alimony, the truth of the matter is far different. Many couples wind up battling for sole custody rights, equitable but not even division of property and debts, and significant amounts of alimony and child support.
A relationship can sour for one of any number of reasons. Infidelity, financial irresponsibility, and even growing disinterest in one another are all reasons couples have decided to go their separate ways. Although certain divorce and family law issues will likely need to be addressed in these instances, the actual cause of the breakup in these instances may not be as important as it is when domestic violence has occurred.
Traditionally, the law favors mothers when it comes to child custody issues. Pursuant to birth, mothers are given custody from the get-go, and fathers can only obtain parental rights once paternity is established. Yet, even once paternity is established, some work may need to be done to ensure that a man can secure the relationship he desires with his child. When the parents are unmarried, this may mean taking action in court to obtain visitation and, in some cases, filing a petition to establish and/or modify custody.
For better or worse, our society tends to favor mothers over fathers when it comes to child custody matters. When a child is born to an unmarried mother, she is automatically granted sole custody of a child. Although some Californians may believe that the fathers of these children are given equal rights, the truth of the matter is that unmarried fathers have to take action in order to preserve their legal rights.
Just about any topic can be broken down into statistics and calculations. Family law is no different. As we discussed last week, new research has shown that joint child custody arrangements may prove most beneficial for children. Yet, no two child custody disputes are the same. Where one couple may be able to amicably agree to share legal and physical custody, each party to another case may feel that his or her child is seriously endangered while in the care and custody of the other. In these instances, sole custody may be sought.
It goes without saying that divorce can be extremely difficult on children in Redondo Beach.. Their once stable home where they enjoyed time with both parents will be divided into two homes with limited visitation with one or both parents. Of course, divorce is oftentimes what is best not only for couples, but also for their children. Yet, to ensure a child's well-being, it is crucial that parents find a child custody and visitation agreement that they feel furthers their child's best interests.
Settling child custody during divorce can be one of the most challenging, emotionally charged issues the parties can face. After all, each parent usually has a way they think their child should be raised, and those ideas aren't always compatible with one another. This can lead to heated child custody and visitation arguments that are difficult, although not impossible, to settle through negotiations. Yet, regardless of whether the matter is resolved through negotiations or litigation, the resolution often isn't permanent.