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How Custody is Determined, and Why You Need an Attorney on Your Side


When a married couple with children makes the very difficult decision to legally separate or get divorced, there are numerous factors which must be considered. One of the most important decisions a couple will have to make concerns the welfare and well-being of their children.

In the state of California, the courts will look at a number of details when they are making their decision about how custody should be divided and if both parents can work together. The court will consider what is best for the child and they will use this to evaluate both parents. Who is able to offer a loving home? Is there a prior relationship that the child and parent have? Are both parties fit to be a parent or is it better if one of the parents is offered visitation rights for now? The court will assess these questions and base their decision of custody on these aspects, as well as other relevant information. If domestic violence has been a factor in a case this is another area that they will review and take into account.

Parenting Plans in California

Parents can also work together to come to a resolution and, if this is possible, it can often allow for a smoother transition for the children. When making a decision about child custody and support matters, it is strongly advised that the parents—with the help of their divorce lawyers—create a mutually-agreed upon parenting plan.

The parenting plan should cover both the parents' rights and their responsibilities. It should clearly lay out where the children will live, which parent they will live with, how the parents will make important decisions pertaining to the children's upbringing, education, religion, and medical care, as well as how future disputes regarding the children's care will be resolved. With a good parenting plan in place that takes into consideration the children's best interests, the judge will be able to review and approve the parenting plan as part of the final divorce decree.

Should the parents be unable to come to an amicable agreement, a judge will be forced to make these decisions for them. As the judge's decision will be final, it is extremely important to secure legal counsel from a skilled divorce lawyer.

Get a Roseville Child Custody Lawyer on Your Side

At the Law Offices of Frank F. Ali, our lawyers will work tirelessly to be the aggressive advocate you need during your child custody and divorce proceedings. With the help of an experienced divorce lawyer from our firm, you will be able to understand your rights and get the legal representation you need to protect those rights. While the children's best interests are the most important aspect of a child custody case, your rights are extremely important as well. Let the Law Offices of Frank F. Ali help you fight to maintain your parental rights.

Child custody matters are often quite complex and can easily become extremely emotional. A knowledgeable attorney will be able to help you navigate the process and fight to protect your parental rights. Contact a Roseville divorce lawyer at our firm as soon as possible to discuss your case.