Child Custody/Visitation

CHILD CUSTODY/VISITATION

 

Divorce and separation can be emotional and stressful times in your life. Kazimi Law Firm will help you get through these times as quickly and as painlessly as possible. We will give you the personal attention you deserve and protect your best interests.

Kazimi Law Firm understands your concerns of custody, support, and property. You can count on us for confidential, honest communication and feedback throughout the process. Life is difficult enough on its own.

In California, you may be required to complete mediation through the court system. Kazimi Law Firm will set up mediation with the court first thing in your custody case. Parents will resolve most of the issues surrounding custody and visitation through mediation prior to going before a judge.

One of the most difficult issues that arise during separation and divorce proceedings are those involving children. Parents who decide to end their marriage and divorce will need to have a plan for deciding where their children will live and how they will be cared for by one or both parties. California courts require that parents present a custody agreement that is in the best interest of a child. We understand that each family is unique and we work to help you present a parenting plan that best meets the needs of your children. Children have a basic need to feel loved and be cared for by both parents.

In California, either one parent can have custody of children or both parents can share custody. Courts make the final decision about custody and visitation; but they will also usually approve a competent parenting plan that is agreed to by both parents. There are two types of child custody orders: legal and physical.

Legal Custody
Legal custody concerns how parents will divide responsibilities and how major decisions about a child’s health, education, and welfare will be made. Legal custody can be joint, having both parents share the right and responsibility to make important decisions, or sole, having one parent take full responsibility for major decisions.

Physical Custody
Physical custody concerns where children will live. Joint custody will mean that a child will live with both parents, and sole or primary custody means that a child will live with one parent a majority of the time while also visiting the other parent. Joint physical custody is not a stringent 50 / 50 split, but rather a more fluid arrangement that best suits the entire family.

When determining child custody, a court will consider factors that affect the best interest of the child. These include:

  • Age of the child
  • Health of the child
  • Emotional ties between children and parents
  • Abilities of parents to care for the child
  • Any history of family violence or substance abuse
  • The child’s ties to school, home, and community

If you have kids, determining custody and visitation can be one of the most difficult parts of a divorce. The court prefers that both parents work out custody and visitation issues, and will normally require you to go to mediation before a judge will make an order regarding child custody. The court always views custody and visitation questions from the aspect of what is best for the child, not who is the most deserving parent. It is usually far better for the children involved to have the parents work out an agreement than to have a court determine custody and visitation.

Child custody issues are often resolved through court mediation. Kazimi Law Firm will work to prepare you for your mediation as if it were a trial. We will work to merge your best interests with the best interests of your children. You can count on our office to provide honest communication about your case, and provide emotional support throughout the process.

Your children are the most important aspect in a divorce. Custody and visitation are key issues in a divorce and we will work with you every step of the way. We will explain your rights at the start of the divorce because this maybe a confusing and stressful time in your life. Kazimi Law Firm will make sure you have an understanding of your parental rights. Let us do the work for you.

There are a few ways in which a visitation judgment can be reached, and having a family law attorney advocating for your concerns can make all the difference.

Scheduled Visitation
Detailed and scheduled visitation plans are a common order issued by courts because they prevent a great deal of conflict and confusion. They detail specific times and dates that children will be spending with parents including weekends, holidays, vacations, special occasions, and other important dates.

Reasonable Visitation
Reasonable visitation orders are generally more flexible than scheduled plans. Parents will have the opportunity to work out how children will spend time with each parent, which requires civil communication and flexibility.

Supervised Visitation
When courts determine that children’s safety and well-being during visits should be monitored, they will impose supervised visitation rights. Supervision can be provided by the other parent, another adult, or a professional agency. This is also a common order when children and parents have not had consistent physical contact and need time to become acquainted.

No Visitation
If courts have enough reason to believe that visiting a parent places children in potentially harmful situations, either physically or emotionally, then they will not give that parent any visitation rights.

 

CONTACT KAZIMI LAW FIRM TO SET UP A FREE CONSULTATION
Perhaps the most important reason to retain or consult with a divorce attorney or family law attorney is to have some peace of mind during what can be a very stressful and emotional time in a person’s life. A divorce, separation, or custody dispute can be difficult enough, without having to deal with the requirements of court procedure, filing the right forms and declarations, and researching legal issues. Having an experienced attorney on your side can help you navigate the court system and protect your rights and the best interests of your children. Kazimi Law Firm strives to help clients reach resolutions they are happy with while avoiding stressful and drawn out legal fights. However, we are always ready to do what is necessary to insure the right outcome for your case. Please contact us to discuss your family law matter and to set up a free consultation.