Rancho Cucamonga Child Custody Attorney
Protecting Your Parental Rights & Securing Fair Custody
When parents go through a divorce or separation, they must often deal with the complications of child custody for minor children. It can be very challenging to resolve child custody matters, especially without proper legal counsel throughout the process. That is why Chung & Ignacio, LLP offers representation from our skilled child custody lawyers in Rancho Cucamonga. We can help you establish a custody agreement or fight for a modification.
At Chung & Ignacio, LLP, we have an in-depth understanding of the laws and various matters concerning child custody rulings. When you come to us, we can assess your situation and helping you set realistic goals. From there, we can begin working on a viable custody solution. We take every aspect of your situation into consideration, including child support and spousal support matters.
Contact us onlineor give us a call at (909) 726-7112to speak with our experienced Rancho Cucamonga child custody attorneys.
Understanding California Child Custody Laws
When it comes to child custody cases, it's important to have a clear understanding of the laws and regulations that govern the process in California. Our team of experienced Rancho Cucamonga child custody attorneys at Chung & Ignacio, LLP can provide you with the knowledge and guidance you need to navigate the complexities of child custody proceedings.
Key points to consider regarding California child custody laws:
- Types of custody arrangements available, including legal custody and physical custody
- Factors that the court considers when determining custody, such as the child's best interests and the parents' ability to provide a stable environment
- The importance of creating a comprehensive parenting plan that outlines visitation schedules, decision-making authority, and other important details
- The process for modifying existing custody orders if circumstances change
By arming yourself with knowledge about California child custody laws, you can approach your case with confidence and make informed decisions that are in the best interests of your child
What Type of Custody Can Be Awarded?
- The court can award the following types of custody:
- Physical custody: This refers to where a child will live and with whom they will spend a majority of their time.
- Legal custody: This refers to who will maintain the legal right to make decisions regarding the child’s education, well-being, and health.
In California, if one parent is given sole custody, another must be given visitation rights. This will be set out in a visitation plan that outlines the days, the amount of time, any limitations, and other specifics of the visits. In some cases, holidays may be split between parents to ensure the child has enough time with both parents.
Contact our firm. We can set up a free consultation. Se habla Español.
Related Reading
Child Custody FAQs
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 909-726-7112 today!
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How Do I Know if I Will Be Able to Get Spousal Support in a Divorce?The court determines which partner is eligible to receive spousal support based on a certain formula, which includes the length of time of the marriage, the earning capacity of each partner, and the lifestyle changes that will be faced when the marriage is dissolved. A marriage over 10 years is considered a marriage of long duration and one ex-spouse may be required to pay spousal support for the life of the other person, or until remarriage. In some cases, neither party will be awarded spousal support. In other cases, there is temporary support ordered by the court while one ex-spouse is retrained to increase their ability to earn a living. If you are concerned about spousal support, contact a Rancho Cucamonga divorce lawyer from Chung & Ignacio, LLP.
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How Can I Be Sure That I Will Get Custody of My Children?In our state, the court will focus on the best interests of the children. They usually look for a solution in which both parents can spend time with the children, whether in visitation or shared custody. When there are factors that are a danger to the child or children, such as drug use, alcoholism or other factors, the court will likely determine that the parent exhibiting these behaviors will have certain restrictions and would likely not get physical custody. Accusations regarding drug, alcohol or other factors must be fully documented and proven in such cases.
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Is There Any Way to Avoid a Court Case in a Divorce?If you and your ex are able to resolve all the vital matters of your divorce, including child custody, child support, visitation, property division and spousal support and can do so without intervention, you have the option to pursue an uncontested divorce. This also allows you to avoid exposing your personal business in open court. These divorces must have the agreements fully and correctly documented for the court.
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How Long Before a Divorce Is Final?The state requires 6 months after the divorce papers have been served.
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What is the difference between physical custody and legal custody?There is more than one type of custody and different custody options available, so it is important to understand what it all means. Legal custody refers to a parent’s ability to make certain decisions on a child’s behalf, whereas physical custody simply refers to where a child will live. You do not need to have physical custody to have legal custody of a child.
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How is child custody determined by the courts?A vast amount of elements factor into how child custody is determined, though this decision is ultimately based on what will best serve the well-being of the child. The wishes and ability of each parent to provide for the child as well as the current child custody arrangement are also considered. Although a child’s preference is not a paramount factor in how custody is awarded, the courts will consider his or her relationship with each parent.
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What are the “best interests of the child?”The courts want to ensure that the best interests of the child are served, but what exactly does that mean? Each state has its own standards for what an ideal situation should look like, but it is usually presumed that the involvement of both parents is best, especially in cases where a child is close with both parents.
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Will I need a child custody lawyer?A lot is at stake in a child custody case, so it is usually advisable for individuals to hire a child custody attorney or, at least seek a free consultation before deciding against it. For those worried about costs, you can consider Legal Aid or participate in a free legal clinic offered by a local law school.
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Is it a good idea to seek a temporary child custody order?In many states, temporary child custody orders are required during the interim between a couple’s separation and divorce. Even if your state does not require one, however, it is advisable that you seek one anyway, especially if one parent is serving in the military, suffering from illness, or is being hospitalized.
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What happens if I am able to reach a private child custody agreement with my ex?In some cases, parents are able to work out a mutually agreeable child custody agreement without the involvement of the courts. This saves a lot of time and heartache, but you should still work with an attorney to have the paperwork drawn up, signed, and filed properly with the courts.
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Will the courts modify a child custody order?Depending on the state, there may be a certain set circumstances under which one can seek child custody modifications. Generally, the courts will consider relocation, safety, the death of a parent, and other likewise legitimate causes for modifying a child custody order.
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How should I prepare for a child custody hearing?Work with your child custody attorney to devise a suitable plan for every court appearance. The better prepared you are, the more confident you will feel and appear in court. It is also important to remember the little things, including how you choose to dress for court and your observation of courtroom etiquette.
Factors the Court Uses for Deciding Custody
Every child and family is different, which means the court may look at a wide range of factors when trying to determine the best possible custody situation for the child. At the end of the day, the judge will go off what they believe to be the child’s best interests. This is why it is important you have counsel on your side at this time.
Some of the main factors that will be reviewed include:
- The age and sex of the child
- Who is seen as the “primary parent”
- The overall health needs of the child
- The free time and occupation of each parent
- The past record of each parent
- Educational and special needs of the child
- Living situation of each parent
Need counsel? Turn to Chung & Ignacio, LLP. We have years of collective experience and know what to expect in and out of the courtroom. Whether you and the other parent are able to come to an agreement or we need to present your case in front of a judge, our Rancho Cucamonga child custody lawyers are ready to help.
