Beverly Hills Child Custody Lawyer

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Beverly Hills Child Custody Lawyers Fighting for You and Your Family

The dissolution of a partnership, whether a legal marriage, common-law union, or unwedded coupling, is never an easy situation. When children are involved, the end of a partnership becomes more complex and potentially traumatic. Children involved in a legal custody battle between their parents often suffer emotionally as a result, which leaves lasting impacts. In an effort to spare their children as much pain as possible and speed up the legal process, most parents seek the help of a Beverly Hills child custody lawyer.

From figuring out which parent the child will live with primarily to negotiating financial support, an experienced child custody attorney will fight for the best outcome for your family. There is no denying that legal issues are stressful, especially when going through a divorce or separation. Most people have questions about what a lawyer will do for them in the fight to gain sole or partial physical custody of their children. Child custody lawyers will answer questions and offer legal guidance to make this difficult time more bearable.

For over 15 years, the team at Benefield Faulk Law has been assisting families through difficult court cases, including situations involving the custody of minor children. We understand just how difficult these cases are, and our attorneys can protect your interests and those of your child, no matter what your situation involves. Our firm can offer you and your loved ones the support and legal guidance you deserve. Let us fight for your parental rights.

Defining Custody Arrangements in Beverly Hills

With a divorce rate of 7.45%, California has seen many custody cases. When parents are unable to reach an agreement on their own regarding the custody of any shared minor children, they will need the courts to make this decision for them. There are two main kinds of custody sought in Beverly Hills, both of which can be broken down into two further categories. These include the following:

Physical Custody

This refers to the parent with whom the child will mostly reside following the divorce or separation case. This parent is considered the “custodial” parent, while the other parent may retain visitation rights and be considered the “noncustodial” parent. The courts will try to make sure the child gets time spent with both parents, but that time will not necessarily be equal. Physical custody can include:

Sole physical custody. In this arrangement, only one parent retains physical custody of the child. In certain cases, the noncustodial parent may still retain some visitation rights, though they may be severely limited, such as only being allowed supervised visits. In some cases, one parent may be completely stripped of any visitation or physical custody rights.
Joint physical custody. This is a more common arrangement, as most courts will operate with the belief that it is in the interests of the child to share time between both parents’ households. However, in many custody cases, this split will not often be perfectly 50/50.

Legal Custody

This form of custody refers to the parents’ right to make certain decisions regarding the upbringing and welfare of their children. These decisions involve the religious upbringing of the child, along with their education, healthcare, and overall well-being. Legal custody is further broken down into the following categories:

Joint legal custody. This form of legal custody enables both parents to share in the decision-making of their child’s upbringing. The actual physical location of each parent will not be an important factor in legal custody, as many decisions can be communicated and decided at a distance. However, parents will need to work through any disputes that may arise.
Sole legal custody. When this kind of legal custody is awarded, only one of the parents, the custodial one, will be allowed to make decisions regarding their child’s well-being. However, the noncustodial parent may still be allowed to access certain records relevant to the child, such as those involving school or the child’s healthcare.

If you are dealing with a custody or visitation dispute, the team at Benefield Faulk Law can represent you. We can review your case and do everything in our power to protect your parental rights.

Understanding the “Interests of the Child” in a Custody Case

When a couple cannot reach an agreement regarding the custody of their child, they will need to look to the courts to make this determination for them. For many residents in Beverly Hills, this will be the first time they will need to set foot in the Los Angeles County Superior Court–West District. This can be intimidating, so it can be helpful and reassuring to understand how a judge will determine a custody case.

In most custody cases, the presiding judge will make their determination based on what they believe reflects the interest of the child. The interest of the child is a legal term, and what constitutes a child’s interests is determined by considering several different factors. These include:

The health of the child
The safety of the child with each parent
The child’s welfare
The nature and amount of contact the child has with each parent
The child’s own wishes, depending on their age, though this will not be the deciding factor in any custody case
If either parent has a history of domestic violence or abuse
If either parent has a history of substance abuse, such as drugs or alcohol
The living situations of both parents

Oftentimes, the law will assume that it is in the interest of the child for joint legal and physical custody to be awarded. However, if there is any evidence against this arrangement, the court may decide to augment or terminate one party’s parental rights.

What Does a Child Custody Lawyer Do?

A child custody lawyer will act as an advocate, mediator, and legal representative of their client in disputes involving a client’s child or children. This is a stressful time when parents will have a lot of questions, and this is where a child custody attorney begins to make this difficult time a little easier. With a focus on serving the best interests of one parent in the legal process, child custody lawyers will negotiate with the other parent and their legal team to come to an agreement regarding matters such as legal custody arrangements, child support payments, and any other child-related concerns.

Aside from determining the initial agreement and acting as a client’s legal representative in court, child custody lawyers also help clients later on if one parent is not honoring the legal deal or if one parent’s living situation has changed. For example, if one parent is no longer able to provide a safe home after the initial arrangement, child custody attorneys will become involved once more to determine the best solution for the primary caregiver and child. A child custody lawyer may also be able to assist with child support issues that may arise after the initial arrangement.

Do I Need a Child Custody Lawyer?

While many parents attempt to handle the living arrangements of their children without legal help, this may not be the best route. Even in amicable divorce or separation, a legally defined and recognized child custody contract offers peace of mind. It also acts as groundwork down the road if one parent stops upholding the contract or violates matters such as the legal custody arrangement or child support payments.

It is worth remembering that child custody attorneys do not represent both parents. If your spouse or partner has contracted their own child custody attorney, it may be a sign that you will also need a lawyer to represent your best interest regarding your children. Whether or not things turn ugly and your partner takes you to court for sole legal custody, having child custody lawyers on your side can only ever be a good thing. Every couple going through a divorce or separation with children involved would benefit from the legal help of experienced child custody attorneys.

What Should I Expect When Working with a Child Custody Lawyer?

Working with a child custody attorney helps clients as they navigate the best outcome for their families. Experienced child custody lawyers will offer assistance on matters such as necessary paperwork, gathering correct information, and legal guidance throughout the process. A child custody attorney will work with clients in the mediation stage. If an arrangement on child-related matters is agreed upon by both parties in mediation, then there is usually no need to go to court.

If an agreement cannot be reached during mediation, the child custody lawyer will take the next steps to represent their client in court. From there, the courts will look at the overall stability and willingness of each parent to act as caregivers to the child. The child custody attorney will act as your legal representative in court to help secure the best outcome for you and your family.

FAQs

Q: What Leads to Custody Disputes in California?

A: In California, several factors can arise in life that may lead to disputes regarding the custody of a minor child. These might include:

A divorce or legal separation
A parent suffering a mental or physical incapacitation or illness
Disputes regarding grandparents
The existence or allegations of domestic violence
Relocation
Paternity issues

Q: Why Might a Judge Limit or Terminate My Parental Rights?

A: In a custody case, there are several reasons why a judge might choose to limit or terminate your rights as a parent. These can include:

Domestic abuse or allegations thereof
Parental abandonment
Drug and/or alcohol issues
Abuse by a stepparent
The unsafe living conditions of a parent
Any mental health issues a parent may have

Q: Who Wins Most Child Custody Cases?

A: In the past, mothers typically retained higher amounts of custody over fathers. This was partly because women could provide for certain needs of a child that a man could not, such as when a child is still breastfeeding. However, in our modern age, this isn’t always the case. Fathers can typically get custody if they can prove that it is in their child’s interests for them to have it.

Q: How Long Can a Custody Case Take in Beverly Hills?

A: How long a custody case may take in Beverly Hills varies. This is largely because several variables will affect these determinations, which can affect the overall timeline of a case. These can include the complexity of the case, the availability of the courts, and the cooperation of all parties involved.

Beverly Hills Child Custody Lawyer