On behalf of Robert Burch of Burch, Coulston & Shepard, LLP posted in Child Custody on Friday, November 28, 2014.
With every divorce proceeding, inevitably there will be child support and child custody matters that have to be resolved if the couple divorcing has young children. If the children are of age, meaning that the children are no longer minors; then child support and custody are moot matters that do not need court intervention. However, if minor children are involved, then it becomes a legal process if no agreement is reached between the parties. The legalities of child support can be extremely confusing and complex which is why if couples can keep the court at bay it may prove worthwhile.
Unfortunately, because couples have a difficult time where child custody is concerned, agreements are not reached and the judicial process takes hold. There are legal intricacies surrounding child custody and child custody disputes that deal with where a child custody petition can be filed and in which court. The court would also need to take into account where the parents reside, specifically if both parents live in the same state. Additionally, where the child was born seemingly is a factor as well.
In California as well as every other state, there are processes and procedure within the court system that dictate child custody issues. One of the main tenets that the court follows when making a child custody decision is the best interest of the child standard. This standard forces the court to look at all the possible custody combinations in a light most favorable to the child and the child's needs. Although courts do make the final decision in a lot of cases, child custody orders can be modified at the behest of the parties.
Knowing and understanding the legal part of child custody is important.