Law Office of Joseph P. Downs
Orange County, CA - Practice Dedicated to Divorce, Child Custody, Child Support and Visitation. (714) 538-3730
CHILD CUSTODY
Custody can be one of the most complicated and emotional issues involved in a dissolution of marriage. Children can become a divorce's unseen and unheard victims. The court is responsible for protecting the children's well-being, even if doing so conflicts with the wishes of either or both of the parents. Often the children have no representation in the courtroom, so the Judge must use his or her knowledge and experience to determine what is best for the children. To that end, the court relies on evidence about the parents and the children in an attempt make orders that cause the least disruption in the children's life.
The California statutory scheme requires parents to go through some kind of court approved mediation, before litigation, in an effort to minimize the traumatic impact on all involved, especially the children. Not uncommonly, a forensic psychologist is appointed to help assist the Court in making an informed decision on the proper placement of the children. Occasionally, when the children's interests are divergent from the parents' interests, the court will appoint independent counsel to represent the minor children.
Generally, there are two types of custody: Legal and Physical. Legal Custody involves responsibility for major decisions that effect the children's lives. Examples include decisions related to the health, education, general welfare, and/or religious upbringing of the children. California has a preference for joint (shared) Legal Custody of the children, whenever possible.
Physical Custody determines what the child visitation rights, if any, are awarded and where the children reside. In the case of multiple minor children, custody of all children is usually awarded to one parent instead of breaking up the children. However, the court has the authority to place the children in different homes if the situation warrants doing so. Children normally are not given a choice regarding which parent will have primary Physical Custody. In some cases, however, children who have reached an age where they can make a reasoned choice are permitted to state a preference. The stated preference is not binding on the Judge, though, who must still act in the best interests of the children, regardless of the children's wishes.
If the parents can not reach an agreement regarding custody of the minor children, and if the evidence is incomplete, unclear, or contradictory, then an psychological assessment by a court-appointed expert may be ordered. The evaluator -- usually a highly-trained and experienced specialist in such matters -- attempts to determine if one of the parents falls outside the bounds of "normalcy." Or if both parents are found to be "normal," the evaluator will advise the court as to which of the parents will provide the most beneficial environment for the children.
Custody issues can be heart-wrenching and very divisive; the advice and counsel of an experienced lawyer can be invaluable.
