Pasadena Child Custody And Visitation Attorney

Divorce is challenging, but it becomes more complicated when there are minor children involved. For this reason, having vital, experienced help at your side is essential. Patrick Baghdaserians is a Pasadena child custody lawyer and family law specialist working in Los Angeles. Patrick Baghdaserians has over a decade of experience and is someone you want on your side when dealing with custody and visitation of minor children.

Generally, the court has jurisdiction over the custody of “minor children of the marriage.” Minor children of the marriage are the natural or adopted children of both parties to the divorce proceedings.

Under California law, child custody has two parts, which include:

1. Physical custody
2. Legal custody

Either type of custody may be awarded to one parent or both parents. When a type of custody is awarded to one parent, it is referred to as sole custody, and when a kind of custody is awarded to both parents, it is referred to as joint custody. A court has the discretion to make these decisions. For example, a court can assign joint custody to legal custody, not physical custody.

When the court orders joint physical or joint legal custody, it specifies one parent as the child’s primary caretaker and one home as the child’s primary home for public assistance eligibility. Although the terms physical and legal custody are often used, it is essential to describe what they mean. Sole physical custody means that the child will reside with and under the supervision of one parent.

Concerning sole physical custody, the court may order visitation to the other parent. Joint physical custody means that each parent will have significant periods with the child based on the agreed schedule of the court and the parties.

However, joint physical custody does not mean that the child’s time with each parent is precisely split in half. On the other hand, sole legal custody means that one parent will have the right and responsibility to make decisions regarding the child’s health, education, and welfare. Joint legal custody means that the parents will share the rights and obligations.

Custody is consistently awarded based on the child’s best interest. According to public policy, frequent and continued contact with both parents after the dissolution of marriage is needed.

This way, parents are encouraged to share the rights and responsibilities of child-rearing unless it is not in the child’s best interest. When the court determines which parent should be awarded sole custody, the court considers which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.

A court determines what is in the child’s best interest in several ways. One way a court determines what is in the child’s best interest is by considering any history of abuse by one parent. Second, consider the child’s nature and amount of contact with both parents.

In addition, the court must consider the habitual or continual illegal use of controlled substances, the habitual or continual use of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. The list regarding what is in the child’s best interest goes on.

Other factors that a court might account for when evaluating these matters include (but aren’t necessarily limited to) the following:

• Where you live: A joint physical custody arrangement may benefit a child if both parents can play a positive role in their day-to-day lives. However, for a joint physical custody arrangement, both parents should live reasonably close.
• A child’s preference: Depending on your child’s age, their own opinion about who they want to live with may be accounted for when custody decisions are made.
• A child’s current lifestyle: A divorce can significantly interfere with a child’s current lifestyle. A court may, therefore, attempt to minimize any additional disruption that might occur if a child were to be removed from a living situation to which they’re already adjusted.

How a Pasadena Child Custody and Visitation Law Firm Helps

The specific manner in which a Pasadena child custody and visitation lawyer assists you will vary depending on certain factors. For instance, perhaps you and your soon-to-be ex want to work together to arrive at a child custody arrangement that’s mutually satisfactory. This is often an ideal goal. In California, family law courts prefer that divorcing spouses handle these matters together instead of requiring the court to make critical decisions about their children’s future.

(That said, a court may reject the arrangement two parents arrive at if it’s clear that one parent doesn’t deserve to have custody or visitation rights due to a history of abuse, criminal behavior, etc. As always, the court’s goal is to ensure an arrangement is in the best interests of the children affected by it.)

Additionally, when the court is required to make decisions about custody and visitation on behalf of two parents, neither parent has much significant opportunity to exercise control over the final nature of the arrangement. Therefore, letting the court make custody decisions prevents you from making these decisions yourself.

These are good reasons to attempt to address child custody and visitation with your spouse before your divorce is finalized. Doing so is often more accessible with the assistance of a legal professional. A Pasadena child custody and visitation attorney can facilitate civil discussions and serve as a go-between, ensuring you and your spouse can put your children first instead of allowing negative emotions to influence the process.

However, there are instances when two spouses can’t collaborate on a visitation or custody plan. Maybe your spouse is pursuing sole custody of the children and is unwilling to consider any other possible arrangement.

The fact that your spouse thinks they’re the only parent who deserves custody doesn’t mean they are correct. For instance, maybe they’re upset that the marriage is ending and are thus using your children as a means of punishing you.

Regardless, if the court must make decisions about your kids’ future, you must demonstrate that you should be permitted to have some form of custody or visitation rights. A lawyer can help you present your case accordingly.

These are always complex matters. That is why it is essential to have someone with experience on your side when dealing with marriage dissolution, custody, and visitation. Patrick Baghdaserians is an experienced Pasadena child custody lawyer and family law specialist who has dealt with many custody and visitation cases in his over a decade of experience. Regardless of the reason, divorce is challenging. Do not make the process even more difficult; schedule a consultation with Patrick Baghdaserians.