Child custody cases can be long and
drawn out affairs with both parents passionately fighting for their
children. However, it is the court’s decision to determine what happens
with a child, so they will do all they can to gain facts and evidence to
make the best choice possible.
Child Comes First
The first rule of law when it comes to
child custody cases is that the court is required to make a
determination on what is in the child’s best interest. This may be
difficult for many parents to accept, especially if their relationship
has deteriorated. In California, it is always considered to be in the
child’s best interest for them to receive as much time as possible with
both parents. This usually results in an equal timeshare, or 50/50
physical custody with both parents having equal legal custody. This
means that parents are both legally allowed to determine what happens to
their children but they may only have them half of the time. Child
custody schedules can be worked out to fit individual situations.
Unfit Parent
In some cases, the court may determine
that a parent is not fit to have custody of their child. This may happen
if they work in an unsafe profession, have substance abuse issues or if
they are mentally or physically abusive. If this is known by the court,
they may completely eliminate custody and only allow visitation with
court ordered supervision.
Child custody cases are all very involved and individually decided. You can learn more on the subject from a child custody lawyer in San Diego by visiting this website.
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