Divorce is regarded as one of the most horrible things that may happen to a couple, especially if a misunderstanding is not resolved immediately. Many individuals are filing their petition for divorce with their respective partners because they cannot resolve their differences anymore. They feel that they cannot stand with each other living under the same roof anymore; they are just uncomfortable seeing and being with each other.
Aside from the legal procedure that needs to be followed, the family is also experiencing emotional distress. The atmosphere will not be as friendly as before, because such divorce petition means separation—one moving out of the house while the other will remain. In addition, if they have children, their custody will also be a subject for argument in the family court. That is the saddest part of a couple filing for a divorce—giving the children to whoever has the better right under the family law.
In the case of child custody, many divorcing couples are getting a child custody lawyer aside from the divorce lawyer for their petition. Most of the states in the country have their own regulations with regards to family law. In California, they have their own set of regulations that applies to child custody cases. That is why if you are residing in California and planning to get hold of the custody of your children in case your husband or wife filed a divorce, you need to hire a California-based child custody lawyer.
Your child custody lawyer will be your representative in California family courts. He or she will be the one to explain to you the possibilities of getting the custody of your children based on the circumstances present as well as the laws and regulations covering child custody issues.
As mentioned earlier, California may differ when it comes to custody regulations; that is why you should hire a child custody lawyer that has wide knowledge when it comes to child custody laws in effect within the jurisdiction of the state.
One of these regulations is the awarding of so-called joint custody between the parents of the children. In California courts, judges are not granting equal time share just because one parent have petitioned on it. The custody will be given to either of the parents based on the existing laws as well as the circumstances presented by their child custody lawyers. Children are not considered to be a community property that needs to be divided equally at all times. In most cases, Californian judges usually awards so-called joint legal custody, where the parents will be agreeing on certain main issues that affects the child like religion and education.
Although there are certain provisions on the California Family Law that grants so-called outright legal child custody to mothers designated to be the primary caretaker, your child custody lawyer can still argue on the possibility of granting the custody in favor of the fathers. However, the odds of getting such favorable decision from California judges still depend on the circumstances presented in the family court.
Divorce is a painful experience for couples, so as arguing about the legal custody of their children. As much as possible, all misunderstanding must be resolved inside the family first. If getting to courts are inevitable, plan every action you will take. Let your California child custody lawyer take care of the matters in family courts and air your side and intentions as well in taking your children under your custody.
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