What is Involved in a Child Custody Proceeding

Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent can make decisions for the child, and it is the parent’s duty to care for the child.

There have however been some changes regarding the terms which are used when it comes to child custody cases as revealed by The Law Office of David A. Martin & Associates . A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or another legal process. In cases such as this, a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind. So what are the different types of custody that are available?

From the Law Office of David A. Martin & Associates view point there are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self-explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights. This means that they will be able to see their child but only on certain days and at certain time, again these times will be decided by the parent with exclusive custody but will be done in a way, so it fits in with when the non-custodial parent is free as well.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school, and community as well their mental and physical health is taken into consideration when it comes to deciding what custody should be awarded.
No decision about child custody will be made without looking into factors that will affect the child. Whatever custody that is awarded will be done for the best interest of the child that is involved. A divorce is hard enough on children; the last thing that anyone wants in these situations is to add extra hurt, upset and pressure on a child. Choosing a law firm in Sacramento that practices child custody law can be difficult. That’s why the law offices of David A. Matrin & Associates are the best choice.

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