Understanding Child Custody
No matter how friendly – or horrible — your split with your child’s other parent is, there will still be an adjustment period for your children. Developing the right arrangement to benefit your child’s emotional and physical well-being is of utmost importance. The family court’s primary focus for your child’s new living arrangement is that it is one in which your child’s best interests are fostered.
The court is not interested in your own convenience or general opinion what you feel is best, but rather, how you, as a parent, are willing to create and continue to create a healthy, loving environment for your child. Children thrive with regular, consistent contact with both parents. That’s if both parents are willing — and able — to parent the child in an atmosphere absent of harmful physical violence, substance abuse or psychological abuse. Ideally, parents can put aside their own differences and establish joint legal and physical custody of their child after divorce or separation.
What Happens When Parents Cannot Agree
When parents cannot agree who will make important decisions for their child regarding medical care, spiritual upbringing or education preferences, the court may determine that one parent would be more suitable to grant sole legal custody of the child. If it is more advantageous for the child to live with one parent most of the time and that parent will provide the child’s basic needs such as a safe home environment, loving attention, food and clothing, that parent may be established as the primary parent for physical custody, and the other will be granted a reasonable and regular schedule for visiting with the child. Once legal and physical custody is established for your child, it is not set in stone. For example, as your child grows, and their needs significantly change, it may be in the child’s best interests to modify the custody order to suit your child’s needs.
The Importance Of Child Support
Divorce often destabilizes a family’s income base. Establishing an accurate amount of child support is important for your child’s well-being. Child support is a court-ordered formula based on the incomes of both parents, the needs of the child and the living arrangements of the child. For example, if parents have joint physical custody of their child, it is likely that each parent would pay for the needs of the child while the child is living with them. There would be minimal child support owed to one parent by the other. However, if the child is living with one parent who has sole physical custody, it is likely that the noncustodial parent would owe a child support payment to the custodial parent.
If your child has special educational or medical needs, exceptions may apply to the court-ordered formula. Developing the big picture for your children is vital for their stability, however, it can be difficult without the help of a knowledgeable family law attorney to answer your questions and provide the legal guidance you need. At The Law Office of John Iaccarino, you will find an attorney who is well-versed in helping families establish a firm foundation.
Contact A Caring Attorney Today
Call The Law Office of John Iaccarino at 650-288-1591 for a free initial consultation. I am attorney John Iaccarino, and I have over 25 years of experience working with families throughout San Mateo County. I founded my law firm to help individuals and families resolve their legal problems. I look forward to helping you move forward in a positive direction. You may also email my law firm..