Child custody is the arrangement controlling which parent, in a separation or divorce, the child or children are to live, and which parent is to make decisions regarding their children’s welfare. Child custody is probably the single most emotion-laden, contentious, and difficult issue in matrimonial law.
Even in cases where divorcing parents achieve “joint custody”, the children almost always reside with one residential custodial parent. The other parent usually ends up having limited “parenting time” with the children. The details of these arrangements, as well as those of “sole custody”, “co-parenting”, and other possible outcomes, can be very difficult for parents to conceive, implement, and even accept.
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Parties ending a relationship still want to stay in touch with and see their children. You never divorce your kids! But, how that is handled between separating parents is subject to a parenting schedule. A parenting schedule outlines how the days of a week, weekends of a month, and summer vacation is to be divided between parents in terms of time spent with their children.
Some lawyers refer to this as a “visitation” schedule. At The Law Offices of Kyle J. Farquhar, we don’t. Our family law attorneys believe that you’re not just a “visitor” when you are spending time with your kids. You are a parent when your kids are with you and when they are not. We believe the time you spend with your kids is “parenting time”. We have an acute instinct for how important this is to Dads, and we have great experience in making sure our clients get all the parenting time to which they are entitled.
When divorcing parties just cannot find a middle ground, and negotiations break down, the parties may be forced to go to court, and a judge may have to make a decision for them. In such a case, the judge will evaluate papers submitted to Court by each side, the appearances and arguments of the lawyers, and the testimony heard at trial.
The Courts in California use a term – the “best interests of the children” – as their guiding light while making decisions concerning children. These decisions often regard who gets custody of children, and how the non-custodial parent gets to spend time with the children. Courts also use this concept to decide who makes child support and other payments, who makes decisions regarding upbringing and education, how parenting time should be set up, and other important decisions.
“Best interests of the children” represents an ideal intended to be beneficial, even noble, with regard to the most helpless members of society. But, in practice, it can often turn out that the Court does not give a parent, especially the father, what he might want most with respect to his children. Because a judge must make a subjective judgment call regarding all these things (custody, parenting time, support payments, and more), it is essential that a parent, especially a Father, have legal resources from a fathers’ rights oriented law firm.
The Law Offices of Kyle J. Farquhar have crafted literally thousands of successful outcomes, often at trial, but more often at the negotiating table. We can explain our clients’ options to them both in the realm of “legalese” and in the realm of the day-to-day real world. We use each tool and technique of law in our arsenal to create the best possible outcome for our clients. We can do this for you, too!
The State of California Role and Guidelines