How do I get custody of my children?
It’s important to understand that there are different types of custody and that each provides its own authority. As a Hosford & Hosford client, our San Luis Obispo child custody lawyers can advise you in greater detail about managing your situation.
Likely, you will get some form of child custody in the settlement or litigation of your case. California courts usually provide parents with joint legal custody. This gives you and the other parent equal say about decisions regarding your children’s health, education, and welfare. Parents may also receive joint physical custody, in which both provide living arrangements and share significant time with the children.
Sole legal and physical custody may also be possible, but you are required to demonstrate why it should be granted. Hosford & Hosford works with clients who face these circumstances. One case in which sole legal custody might be granted is if a parent is abusing drugs or alcohol and is not capable of caring for the wellbeing of the children. Another example is if the parent is unwilling to share custody or unwilling to take responsibility for the children.
When there is a dispute, you may need to litigate to obtain sole custody. The judge will require child custody mediation before hearing the case. The court may also gather its own evidence before making a decision about child custody, relying on an evaluation from a mental health professional to determine if one or both parents should be granted legal custody. In both situations, it’s valuable to have the advice of legal counsel.
Ultimately, the court may find in your favor. Remember, however, that the other parent may still have visitation rights to see his / her children even if you receive sole custody. If you want to restrict these rights as well, you may need to address the issue of visitation or modify it if visitation rights have already been established.
To learn more about your options for legal and physical child custody, contact Hosford & Hosford at (805) 439-1906 or toll-free at (855) 675-4496.