Navigating Your Child Custody Case

A divorce can be a painful experience, but the battle becomes all the more excruciating when the custody of a child(ren) comes into play. There are important factors to take into consideration when talking to your attorney.

Even though you may be highly emotionally charged it’s important to present your Monterey child custody lawyer with the facts. Be sure to remove all filters you may have that are coming into play due to anger or hurt feelings. Your emotions are important, but when you are fighting for the custody of a child, you need to present factual evidence to your lawyer so that he/she can do battle for you and your child.

Child custody is categorized in two ways: physical and legal custody. The parent who has legal custody is responsible for making decisions for the child as to schooling, where they live, etc. It is usually written into a divorce decree that the custodial parent must get permission from family court and from the non-custodial parent to move to another state. The parent(s) with physical custody are the parent(s) with whom the child resides. Sometimes physical custody can be shared by both parents. In cases where a parent has neither physical or legal custody, parenting (visitation) time is usually set out according to school vacations and weekends.

Many factors will be taken into consideration when the courts make their decision as to which parent the child will reside with. Before you enter into a child custody battle, you need to take an inventory of your life and your relationship with your child(ren). What type of living environment can you offer the child? Is your situation more or less stable than the other parent? What type of relationship do you have with your child? Have you got a stronger bond than that with the other parent? Are you battling for what’s best for your child or what’s best for you? If the child is old enough, the courts will sometimes ask the child which parent he/she would prefer to live with. The child’s school of choice will be taken into consideration as well. You may want to consider relocating to be closer to the other parent’s home so that a possible joint physical custody arrangement can be made and the child can remain in the same school while being able to equally share time with both parents.

Every child custody case is different. You do not want to go into a battle alone. It is integral to find a Monterey child custody lawyer that will listen to you in order to come up with a strategy that will benefit you and your child(ren) the most.

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