Compassionate and Dedicated Child Custody Lawyers in Rancho Cucamonga
A child is a blessing to many families, but they can also be the cause of lengthy and emotional court battles if the parents to the child separate or no longer wish to live together. Once this happens, a court is often called upon to enter custody orders that determine the parent with whom the child will primarily reside and what visitation rights the other, noncustodial parent will have. A court will also need to determine which parent should have the ability to make important decisions affecting the welfare of the child or whether should share this decision-making authority jointly.
The family law team of Schwartzberg | Luther, APC helps California parents understand child custody laws and fights on behalf of parents who are looking to protect their child’s welfare. Contact Schwartzberg | Luther and discuss your case with them today.
The “Best Interest of the Child”
A court called upon to make a custody determination concerning your child will base its decision on what it believes is in the “best interest of your child.” That is, the court will make a decision that it believes provides the maximum benefit to your child’s physical, emotional, and mental well-being. A court will usually not base a custody decision solely on:
- What you or the other parent want;
- What the child wants;
- Which parent has more financial resources;
- Which parent’s parenting or discipline style the court agrees with more.
Instead, the court will take into consideration a multitude of factors about each parent’s financial and living situation, the child’s background, desires, and what is familiar to the child, and how each parent has attempted to foster the child’s relationship with the other parent when determining which parent will receive custody of the child.
The Difference Between Legal Custody and Physical Custody
Courts will determine both legal custody and physical custody when called upon to do so by one parent or the other. “Legal custody” refers to decisions regarding the child’s health and well being. A parent with “legal custody” is able to determine what doctor to take the child to, what medical procedures the child needs, where the child should go to school, what religious faith (if any) the child should be raised in, and what extracurricular activities in which the child should engage. Legal custody over some or all of these considerations may be given to one parent or the other, or the court may order that these decisions be made by both parents jointly.
Physical custody refers to actual physical control over the child. Usually a court will attempt to give each parent as near-equal time with the child as possible; however, in most cases one parent will be designated as the custodial parent and will have the child live primarily with him or her. The other parent is the non-custodial parent and would be entitled to visitation time with the child. Typically a court will give physical custody to the parent who is able to provide the most stability for the child in terms of the child’s living arrangements.
Contact Schwartzberg | Luther, APC Today
Obtaining custody over your child is difficult, whether you and the other parent are recently separated or whether you have been divorced for years. Succeeding in a child custody action takes a lawyer who can quickly and effectively investigate the relevant facts that a court will need to render a decision and who can present these facts persuasively to the court. The team at Schwartzberg | Luther, APC assists with complex family law matters that have a likelihood of being litigated. Contact Schwartzberg | Luther today at (909) 457-4270 to learn more about your legal rights and options.