Custody, Visitation & Other Legal Assistance Areas of Child Custody Lawyer San Jose
by Kevin Bose Expert writerSeparation between two people who’re married or living together and
share children addresses the question of responsibility of child being
borne by them and in the manner in which it’s done. There’re many
different scenarios that come up in marital or other separations
involving child custody. In some cases the mother wants to keep custody
but father contests it, in others it could be other way around. Many
women seek child support from their ex which could be another point of
contention. Child custody lawyer San Jose helps their client gain a
reasonable legal ground for claiming or contesting child custody. They
work along lines of federal, state, county-specific rules on custody
physical, legal custody, visitation rights or modification of previous
orders on these.
Custody
When people seek custody they
could seek anyone, physical or legal custody of involved children. With
legal custody the parent can take decisions for his child’s welfare,
such as his education, stay, finances, medical or other decisions. A
legal custody could be given to only one parents or shared jointly by
both. Court or privately held mediation and mental-health assessment are
factors influencing the decision over legal custody. Physical custody
is given to parent who keeps the child to stay. Physical custody could
also be jointly or in certain cases, alternately shared and this is
different from visitation rights.
Reaching Agreement
Often
it happens that parents don’t reach child-sharing agreement easily.
Mediation helps in resolving issues. The parents can go for initial
mediation in court or privately, filing the agreement only when it’s
finalized. But one needs to remember if an individual or his sparring
spouse fail to reach agreement through mediation, their case will then
have to go in for child-custody assessment where a mental-health
professional appointed by court or privately hired will investigate
psychological health of both parents, child’s health and look into all
issues of past and possibly future related to his welfare, safety,
domestic violence etc. Recommendation of this professional at court will
determine custody thereon. Unless it’s proved that visiting child will
be detrimental to him court is generally quite flexible in permitting
visitation.
Visitation
The child custody lawyer San Jose
provides representation and preparation of application for visitation
of minor children. Parent not having custody can also seek visitation
rights for regular visits or special together-times on holidays, summer
vacations etc. The California law usually works to support a frequent
contact of child with both parents except in extraordinary situations
where there’s possibility of violence, abuse or addiction issues
affecting the child.
Get represented in gaining or challenging custody of minor children through services of a divorce and child custody lawyer.
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Created on Dec 31st 1969 18:00. Viewed 0 times.