Vista Child Custody Lawyer

Vista Child Custody Attorney

Divorcing couples may be struggling with stress and feeling overwhelmed with all the decisions that must be made, including where their children will live once the divorce is finalized. Contention can occur if the couple can’t come to an agreement. If you live in California and need assistance in determining a parenting plan, consult a Vista child custody lawyer.

Whether you are trying to figure out child custody, spousal support, child support, or the division of marital property, a Vista family lawyer can help you discover your legal options.

The Child Custody Process in Vista

Parents who are engaged in the divorce process must consider with whom they want their children to live at certain times of the week, during holidays, or on other special occasions. The couple must make the child custody agreement together. It must then be signed by a judge to become a legal custody order.

Custody disputes are, unfortunately a common source of contention. If the couple cannot come to an agreement, however, they must undergo litigation in court, where the judge will have to make the final decision.

Types of Custody in Vista, CA

Physical and legal custody are the two kinds of custody:

• Physical Custody: It determines when the child lives with each parent. This kind of custody may be awarded as either joint custody or sole custody. Joint custody grants both parents shared time with their children. Sole custody allows only one parent to have physical custody, and the children only live with that parent. The parent with sole custody is known as the custodial parent, and the other is known as the non-custodial parent.
• Legal Custody: It gives parents the right to make decisions for their children, such as their education, healthcare, and religious training. This kind of custody may also be awarded as joint or sole custody. Parents who are granted joint legal custody have the legal ability to make important decisions for the children together. Sole legal custody only allows one parent to decide on matters involving the children.

Parenting Time

Parenting time, also known as visitation, is typically part of a parenting plan that involves child custody. It can include a schedule, or there may be supervised visitation. In extreme cases, no visitation is allowed due to the potential harm that the non-custodial parent may cause to the children.

• With scheduled parenting, the parents or the court will outline a set schedule, with dates and timeframes that the children will spend with either parent. This also includes holidays, birthdays, and vacation times.
• If reasonable parenting time is ordered, parents will have the flexibility to create a schedule for when and where the children spend their time as they see fit. This is only a viable option for parents who can work well together.
• Supervised visitations are necessary when children may not be safe spending time with one parent alone. These visits can be supervised by the other parent, another adult, or a third-party professional agency.

If visitation, supervised or not, would cause harm to the children, then a request for no parenting time may be necessary.

Determining Child Custody

When the court decides on a child custody order, it examines several factors. According to California Family Code 3080, the decision must be made in the interests of the child or children. It will consider the children’s health, whether they are safe with both parents and their overall well-being. It will also ensure that there is no violence or misuse of substances in the home.

If possible, the court will allow the children to have continual and frequent contact with both parents.

Child Support

Sometimes, child support is needed to financially provide for a child. After a divorce in Vista, both parents are still financially responsible for their children. If the couple cannot agree on how they will split expenses, then the court will determine how much money the supporting parent must pay to the parent who has primary care over the children.

Vista Child Custody FAQs

Q: Can a Parent Appeal a Child Custody Case in Vista?

A: Yes, a parent can appeal a child custody case in Vista, CA. If you do not like the child custody order that resulted from your case, you may file an appeal. Filing for an appeal is not considered a retrial. During your appeal, a lawyer can help outline any incorrect details that were missed in the original case. If the court agrees to the appeal, a retrial may occur, or a new decision can be made.

Q: How Can You Be Awarded Sole Custody of a Child in Vista?

A: If you wish to be awarded sole custody of a child in Vista, you must prove that it is for the child’s own good that they live with only one parent. If there is any history of violence within the home, substance use, or other concerns regarding the child’s safety, then the judge may agree with your request for sole custody.

Q: How Can You Prepare for a Child Custody Hearing in Vista?

A: You can prepare for a child custody hearing in Vista, CA by following several steps. First, collect all the necessary documents for your case. You may wish to keep notes regarding what you and your spouse have communicated. Then, prepare a parenting plan. Before meeting with an attorney, you may also wish to create a list of questions to ask them.

Q: Is Child Custody Mediation Required in Vista?

A: Child custody mediation is required in Vista, CA if the parents cannot come to an agreement before a court hearing. California Family Code Section 3170 requires that any disputes be resolved before going to a court hearing. If one parent wishes to make any changes to their child custody order or visitation order, they must also use mediation to resolve that issue.

Consult a Vista Child Custody Lawyer

It is not unusual for divorcing couples to worry or be frustrated as they decide how to split marital assets and parenting time. Unfortunately, contention often arises when the couple can’t make an agreement. For those living in California who need a child custody order, a Vista child custody lawyer can be beneficial. Contact Erica Bloom Law for assistance with your case.