Child custody laws alter by jurisdiction, but most states & counties adhere to a core set of principles meant to be fair as well as equitable while also protecting the best interests of the children. Recognizing child custody laws and their application is critical for obtaining a good outcome for you and your kid if you are a party in a child custody lawsuit.

You may have hired a Family Law Attorney to represent you in your custody case. Nonetheless, a basic grasp of the law will enable you to be an educated participant in the processes and guarantee that your attorney is operating within the law. Child custody law seeks to make a judgment that is in "the best interests of the child."

A child custody decision in "the best interests of the child" demands consideration of the parent's wishes, the child, and the child's relationship with each parent and other influential persons. Other factors considered are the child's home environment, education and community, and the parents' physical and mental well-being.

In law procedures, the court determines which parent should have physical & legal custody of the child/children. Physical custody signifies that a parent has the right to have the child/children live with him or her. Many states' laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.

In law, legal custody refers to the right to decide about a child's upbringing, which includes decisions about the child's education, religion, and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by the state and federal government.

The current trend in child custody law is a preference by courts to award joint custody to parents, based on the reasoning that having access to both parents is in a child's best interest. In most child custody law applications, joint custody means that each parent shares equally in the decision-making process and tax benefits are also equitably shared.

In law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents.

However, courts may sometimes impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend. Cases in which child custody law would deny visitation rights include non-custodial parents who have abused the child or non-custodial parents severely suffering from a mental illness that could negatively impact the child.

Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights. In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her.

Child custody laws in many jurisdictions require custodial parents to notify and gain the non-custodial parent's agreement before he or she can relocate to another place. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.

If you need the aid of a reliable and experienced family law attorney who knows the stress, problems, and what it takes to fight for your rights and privileges in family law, contact us today. Look no further than the office of Eric child custody, the leading Orange County Child Custody Attorney. For a consultation, call Mr. Nakasu at 1-714-916-9800.