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Child Custody Orders

Divorce can be difficult for all parties, especially the children. The State recognizes two types of custody, legal and physical custody. Legal custody is when the responsible individual makes decisions for that child. Physical custody involves where the child lives which includes the costs incurred for raising the child. Joint custody is when parties are equally responsible for legal and physical matters of the child.

We can assist in all the matters involved around custody issues. The interest of the child must be considered in order to achieve positive results. We will untangle any situation to better the situation.

VISITATION

This is when one parent has physical custody of a child(ren) and the other is requesting visitation orders. This allows for normalcy to the child and gives the other parent time to spend with the child.

We will aid you in setting up time guidelines or a schedule in order to establish a structured routine for the child. These matters can be very difficult to all parties, but you can do it, we can help. (866) 410-1529..

How Custody and Visitation are Handled

In California there are two forms of custody:

Legal custody refers specifically to issues of health education and welfare. That is the ability to authorize medical treatment, make choices about education and religious upbringing. The court prefers for both parents to be involved with the child as much as is possible and the courts default position is for joint legal custody, unless there is an overriding reason against it.

Physical custody is simply who the child primarily lives with.

Visitation is sometimes referred to as secondary physical custody.
Visitation can be done in two ways:

  • A specific pickup and delivery schedule. This is used when the parents can not get along with each other and need a written document to control the situation.
  • Right of reasonable visitation. This legal phrase means the following to the court. Visitation on alternate weekends and major holidays plus additional time by mutual agreement and any changes in the usual schedule at least 24 hours notice to the other parent.

How Child Support, Spousal Support and Family Support are Determined and How the Support Payments are Paid Automatically.

Child support, spousal support and family support are calculated in exactly the same way. The court uses a computer program called Dissomaster to calculate a number called the California Guideline Amount. Guideline is actually a misnomer because unless there is a written agreement between the petitioner and respondent to the contrary, this number is not a guide. It is mandatory.

All support payments, with few exceptions, are paid in the following way: when the court issues it’s orders, one of the orders is a wage assignment order. The wage assignment order is presented to the payer’s employer and the employer then takes the support payment out of the payer’s paycheck just like his taxes and sends the support payment directly to the supported person. The payer never has to write a check and the payee never has to go begging. It’s all automatic.