Orange County Child Custody Attorney 949-416-2057
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Types of Child Custody

Orange County Child Custody Lawyer

When we start to look at child custody it is well to have the assistance of a practiced, helpful and knowledgeable legal counsel. The issues of custody can be confusing and complex. Even if the two parents are in agreement, it is still advisable to have a competent and caring attorney by your side in the matter, to ensure that all of your rights and protections are being honored. Marc E. Mitzner knows child custody law. Here is a brief summary of the types of custody you may be considering:

  • Child Custody may be categorized into legal custody, physical custody or visitation rights assigned by the Court in either a permanent, temporary or initial status.
  • Legal Custody -When a parent has legal custody that means that the parent has the right to make any decisions regarding the child. It covers all areas of the child's participation in life. The parent can decide about education, health care and religious upbringing with the consultation of the other parent. Generally in the State of California and in particular, Orange County the family law Court will award joint legal custody so that both parents can retain their legal rights regarding any decisions to be made for or about their child.
  • Physical Custody- Where the child actually lives is the meaning of "physical custody". In some cases the child may live with only one parent and the other parent has only visitation rights - sole custody. If the child spends equal amounts of time with both parents that is considered joint physical custody.
  • Sole Custody - In this case the parent can have sole legal custody or sole physical custody or both. It must be proven that a parent is unfit. There is a trend in Courts across the U.S. now to award custody in a way so that the non-custodial parent has more of an opportunity to participate in their child's life. Sole legal custody is a rarity in today's family law system. In sole physical custody the non- custodial parent is generally assured of generous visitation rights and both parents share equally in any decisions to be made regarding the needs of the child.
  • Joint Custody - In this arrangement, the custody of the child is awarded to both parents. It can refer to joint legal custody or joint physical custody. Basically, it states that both parents have the exact same rights and privileges regarding the child's daily issues. This joint custody may refer to the joint legal custody or joint physical custody or both.

Visitation should also be addressed here, as it is technically related to custody. It is a restricted form of custody that allows the non-custodial parent the ability to enjoy visits with their child. These visits may be ordered to be quite structured and supervised (such as cases when the parent has been accused or convicted of behavior that are considered dangerous to the child - such as physical, mental or sexual abuse, or drug use). Visitation rights may also be decreed as unstructured, allowing the visiting parent to take the child on outings and visiting with them without any supervision. It is up to the Court to decide what is in the best interest of the child or children.

If you are facing the issues of child custody, don't do it alone. Contact Marc E. Mitzner to set up your free evaluation of your child custody case. Call (800) 774-0483.

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Address: 5000 Birch Street, Suite 7100 Newport Beach, CA 92660 Phone: (949) 416-2057