FAQ on Child Custody
Counsel from Our Pasadena & Beverly Hills Family Law Attorney
When you get a divorce, you may fear that your relationship with your child
will be forever damaged, but we believe that it doesn't have to be
this way. At The Graves Law Firm, we want to give our clients an informed
approach to child custody so they are prepared when the time comes and
can continue fostering their relationship no matter what happens.
Get in touch with our Pasadena & Beverly Hills child custody lawyer today for a personal advocate.
What is the difference between physical and legal custody?
Physical custody is the arrangement that determines where the child will
live and how often they spend time with each parent. Legal custody gives
one or both parents the ability to make major decisions for the child,
such as healthcare and religious affiliation.
Can my child have a say in the final custody arrangements?
It depends on their age. The court usually considers the input of children
who are 12 years of age or older. While they still won't have the
final say-so, their desires will have an impact on how custody is split up.
Is it okay if I move out of state with my child?
Generally, no. Anytime a divorce is filed in court, orders go into effect
that forbid either parent from moving out of state with the children without
an order from the court. Once your custody orders are finalized, you may
have to show that a move is in the best interests of the child before
gaining the court's approval.
What should our parenting plan include?
A parenting plan essentially lays out the details of custody and visitation.
The more detailed your plan, the better. Include schedules for weekdays
and weekends, school vacations, birthdays, and holidays. You can even
address the issue of transportation and any anticipated changes to the schedule.
My ex-spouse is breaking our custody order. Now what?
This is a very serious issue, because a child custody order is a legal
order straight from the court. If your ex-spouse is not following the
terms of your order, you have several options: call the police and ask
for assistance, request support from your attorney, or file an action
for "contempt" with the court. This last option is the most
severe and can inflict consequences on the parent in question.
Does the court have to help us create a child custody order?
No! Courts actually encourage parents to work together to create an arrangement
that both are happy with and reflects the best interests of the child.
Only when you can't agree does the court step in to make the final