Child Custody Lawyer FAQ | The Law Offices of Nigel Burns

Child Custody FAQ

Here Is What You Should Know About Child Custody

When divorces occur that involve children, child custody is almost always highly contested. Since emotions are often running high in these situations, one or both parents often make numerous mistakes along the way that can impact their ability to get the custody decision they desire. 

Due to the many complexities that always arise in custody situations, it is crucial you as a parent have answers to your most pressing questions. 

If you are concerned about your child visitation rights and want to ensure all goes well during your divorce proceedings, hire our child custody attorneys Los Angeles mothers and fathers trust in these situations from Burns Attorneys.

Can a Parent Moving Out Hurt Their Chances of Gaining Custody?

In most situations, a parent who does move out of the home and leaves the children behind with the other parent does make it more difficult on themselves to gain custody of the children. Even if the person moves out due to living in a dangerous situation, leaving the kids behind will make the court reluctant to grant custody no matter the circumstances. 

If you do feel the need to move out of your home, work with child custody lawyers for single parents at Burns Attorneys to file for temporary custody and child support. Otherwise, the other parent could state you took the children with you without gaining the other parent's consent, which could lead to a whole new set of legal problems.

Do Courts Favor Mothers over Fathers in Custody Cases?

While in the past courts have favored mothers in custody cases, especially when the children were very young, times have changed. In fact, no state now requires courts to automatically award children to their mothers. Instead, courts are now required to determine custody arrangements based on what is in the best interests of the child. In today's world, fathers often have many advantages when it comes to seeking custody of their children. Should you be a father who wants custody of your kids, do not assume the court will rule against you. By hiring our child custody lawyers for fathers, you may be surprised to learn how good a chance you may have at getting the custody arrangements you desire.

Does One Parent Always Gain Full Custody?

Absolutely not. In fact, courts are now much more willing to make sure both parents are involved in their children's lives as much as possible, so it is not uncommon for both parents to have partial custody, known also as joint custody. However, since joint custody can take various forms, work with a family law attorney Los Angeles parents turn to to ensure the final custody agreement reached is in accordance with your wishes. 

In most situations, a court will award either joint physical custody, joint legal custody, or both legal and physical joint custody. Again, this will likely come down to what the court's views will be in the best interests of the children, so work closely with your attorney during this process. The parent with the most time spent with the child is often given child support, so it’s important to make sure that you feel the 

What About Gay or Lesbian Parents?

While a parent's sexual orientation is not allowed to play a role in determining custody, there are times when individual judges may allow their own personal views or prejudices to cloud their thinking. As a result, it is possible a gay or lesbian parent may face issues regarding child custody. If you believe this may come into question regarding your child custody case or feel your rights may have already been violated by a prejudiced judge, discuss your concerns in greater detail by consulting a child visitation rights lawyer.

Is a Parent's Race Ever Used Against Them?

During a custody battle, the U.S. Supreme Court has ruled it unconstitutional to deny a parent custody based on their race. Though it is not inconceivable to think your spouse or others may try to make this an issue, legally they have little if any grounds that will support their arguments. 

Who Determines How Much Visitation Takes Place?

Generally, the parent who is awarded physical custody has the most say in determining what they believe will be fair and reasonable visitation limits and guidelines. If you are on good terms with your ex-spouse, this is rarely a problem. However, if you are not, problems almost always ensue. If you are having problems with visitation and need to discuss the matter in-depth, speak to child custody lawyers for fathers from Burns Attorneys immediately.

Can Mediation be an Effective Tool in Custody Situations?

Yes, mediation can be very effective in helping you negotiate a custody agreement with your ex-spouse. In fact, more and more parents are now using mediation for many reasons. Among these is that it gives each parent much greater control over the decision-making process, rather than letting a judge make these critical decisions. Also, you can still have your lawyer present with you during the mediation session, making it easy to ensure your rights are protected during the process. Should you believe mediation will be a viable option, contact Burns Attorneys and meet with an experienced and knowledgeable attorney to give you guidance regarding custody agreements.

What Factors Help Determine Custody?

Since it is always what will be in the best interests of the child that determines custody, courts will look at such things as a parent's financial and employment situation, living arrangements, mental and physical health of the parent, history of household violence, and other related factors.

While you want what is best for your child, you also want to make sure your rights are protected when custody decisions are made. To ensure this happens, meet soon with child custody and visitation attorneys Los Angeles trusts from Burns Attorneys to plan a winning strategy.

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