Whether you are a parent seeking a divorce or a single parent, a broken relationship is considered only one aspect parents have to endure. An experienced San Francisco child custody attorney understands that a child custody battle can take a great emotional toll on parents and even the children involved.
Who Will Gain Custody?
There are basically two types of child custody orders: Physical Custody and Legal Custody. A parent who is granted legal custody is given the right to make important decisions in a child’s life, such as his/her welfare, education and medical care. A parent who is granted physical custody has the right to have a child live with him or her.
In California, parents can share custody or either parent can win custody. Often times, if both parents agree on custody arrangements, a Judge will grant arrangements on the parent’s agreement. However, if the parents are unable to come to an agreement, the Judge will make the final decision at a court hearing.
What Do the Courts Look at in Child Custody Cases?
When it comes to deciding which parent gains custody, there are a numerous factors that are taken into consideration. Here are a few examples:
- The health, welfare and safety of the child.
- Is there a history of sexual abuse or domestic violence?
- The parent’s use of illegal substances and criminal record.
- The mental and physical health of the parent seeking custody.
- The financial stability of the parent seeking custody. Is the parent capable of providing for the child?
Fighting for your child’s custody can be a very complex and lengthy process. You will need an experienced Oakland child custody lawyer, on your side, to interpret California’s child custody laws and ensure you have adequate evidence to prove it is your child’s best interests to live with you.
For more information about obtaining child custody, give us a call at: (415) 956-0999 to schedule for a consultation. San Francisco family law lawyer, Kent O. Kirmaci, is proud to serve San Francisco, Oakland and the Bay Area.