Fighting for Your Family’s Success
For parents struggling with the realities of child custody and visitation, I understand the feelings of uncertainty, anger, and fear. The lawyers committed to families know that custody and visitation legal issues are some of the most highly charged realities we face. Think about it. Someone else, usually the other parent, is now deciding, limiting, or controlling that which we value most: time with our children. You had enough of the arguments, tension, and bickering. You quietly say to yourself, “Doing nothing is no longer an option,” and you want solutions to this problem. What’s next? Court! Yes, but you know you will need help.
When you’re dealing with complicated family law issues, you need an attorney on your side who is willing and able to fight for your rights and interests. At The Law Office of Gary S. Austin, you’ll find a lawyer who understands the local court system and what it takes to win. Call our office in Riverside, CA, today at 951-633-7995 for an evaluation.
What Are the Custody Options in California?
Child custody is broken down into two categories: legal and physical. Whoever has legal custody is able to make decisions about the children’s care and upbringing. In situations where both parents have legal custody, any major decisions, such as medical treatment, must be agreed upon by both sides, or the matter has to be presented in court for a judge to decide. If one parent has sole legal custody, they can make all of the decisions regarding the children independently without needing the other parent’s agreement or input.
In family law cases, physical custody is also referred to as parenting time, and it’s how much time each parent spends with the child. Just like with legal custody, this can be either joint or sole. When the parents share physical custody of the children, the children usually spend a fairly equal amount of time with both parents. If one parent has primary physical custody, the other parent is likely to only have limited parenting time, such as every other weekend.
What Are the Common Challenges Associated With Child Custody Cases?
Child custody cases are often contentious. Parents are fighting for the right to be a part of their children’s lives, and that means there are many intense emotions involved. Disagreement between the parents about what should happen with custody is one of the biggest challenges in these cases. It can also make co-parenting difficult while the custody case is going on.
Other common challenges in child custody cases include complications from domestic violence allegations, one parent attempting to sour the children against the other, and addressing logistical issues, such as a parental relocation. If the children are old enough, their preference on who to live with may also be taken into consideration, which can also create tension in the parent-child relationship. Having an experienced attorney who can guide you through the legal process of determining or modifying custody can help you overcome these challenges and find what’s right for your family.
What Happens If You Disagree With the Judge’s Decision?
When both parents want full custody of the children, someone is bound to be upset when the judge issues their ruling. The courts are tasked with ensuring that the decisions handed down are in line with the children’s best interests, but the truth is that they don’t always get it right. If you disagree with the judge’s ruling on child custody, you have the right to appeal.
When you file an appeal, you’re asking the court to review the judge’s order because you believe they made a mistake when making their decision. Keep in mind that you can only appeal based on what’s already been involved in the case. You can’t introduce new evidence in your appeal. An attorney can help you understand more about this process and explain how to file a Notice of Appeal after a final custody ruling has been made.
It’s important to note that temporary custody orders generally are not subject to appeal. If you have questions about your custody case and whether you can appeal a ruling, call The Law Office of Gary S. Austin to speak to an attorney.
Why Should You Work With a Family Law Attorney?
The biggest assets you have in the custody/visitation process are your genuine commitment to your child’s best interests and the professional you hire to help you.
Every parental breakup has two sides. Managing clients and the emotional distress they reasonably suffer is a tall order. Overcoming hostile or suspicious litigants requires sensitivity. Presenting the best interests of children to the court in a compelling fashion takes skill.
Choosing an attorney to help you deal with the stress of the family law process should not be a gamble. It shouldn’t be about who has the best price because your relationship with your child moving forward is on the line!
Our office is highly skilled at evaluating child custody situations and your options and giving you a clear plan that is understandable and persuasive to judges about why you are best able to further your child’s best interest. If you need help with family law matters, such as divorce or child custody disputes, call The Law Office of Gary S. Austin at 951-633-7995 today for an evaluation.