The Basics of Family Law in Orange County for Legal and Physical Child Custody

by | May 4, 2018 | Family Law Attorney

Children are often the ones who are most affected by a divorce. Parents may disagree on custody issues, leading to a lengthy and difficult custody battle.

If you have never dealt with custody issues, you may find the process confusing. This includes understanding the difference between legal and physical custody.

Joint Legal Custody Allows Parents to Share Decisions

Regarding legal custody, family law courts decide who gets to make decisions related to schooling and medical care. Legal custody determines decision-making rights while physical custody determines living arrangements.

The courts may award joint legal custody. This allows both parents to share decision making. Sole legal custody grants the decision making to one parent.

Unless there is a specific reason to grant sole legal custody, the most common outcome of family law in Orange County is joint legal custody. If a parent is deemed unfit or incapable of acting in the child’s best interests, the courts may choose sole legal custody.

Sole Physical Custody Results in Visitation Orders

With joint physical custody, the child spends equal time with each parent. Sole physical custody means that the child lives with one parent and the other parent requires a visitation order.

The visitation order determines a schedule for supervised or unsupervised visits. The order will specify visitation details including the time, location, and transportation responsibilities for the visit.

You Can Appeal the Decision of the Court

When a court rules against your preferred outcome, you still have options. With legal assistance, you may file family law appeals. Appealing the ruling is especially viable if you believe that an error occurred during the custody proceedings.

During a divorce, both parties often want what is best for the children. However, parents do not always agree on the details. Help is available for those dealing with child custody issues.

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