Child Custody Attorneys in Pasadena

When a marriage that is dissolving has produced children, the issue of child custody is often the most important and the most vigorously contested issue in the divorce, and the family law attorneys at the Pasadena Law Offices of Donald P. Schweitzer utilize their skills and experience to protect their clients' rights and create a solution that meets the needs of both the parent and the child. We represent clients in Pasadena, Alhambra, Arcadia, San Marino, Monrovia, Glendale, and La Canada, and throughout Southern California.

The Best Interests of the Child

In deciding custody matters, the overall theme is the best interest of the child. This determination is ultimately made by the judge, but it involves a number of factors which are themselves based on the evidence and arguments presented to the court by the parties and their attorneys. Having effective legal representation is essential in guiding the court in its decisionmaking.

Joint or Sole Custody

Although the court has the power to grant custody solely to one parent alone, most of the time some form of joint custody is granted. Sole custody is usually only granted where there is evidence of domestic violence or child abuse by one of the parents, although it may also be absent any abuse if the age and gender of the child make it in the child's best interests to be with one particular parent. However, even in cases of joint custody, rarely is there an equal division of time between the parents. In most instances, one parent ends up with primary custody of the children.

Legal Custody and Physical Custody

There are actually two types of custody determined by the court - legal custody and physical custody. Legal custody refers to the right and obligation to make decisions regarding the child's upbringing. Medical, educational, and religious decisions all fall to the parent with legal custody. Where legal custody is shared, the parents must jointly decide on such matters. Physical custody refers to the place where the child lives and the actual custodial care of the child.

The court may grant joint or sole custody with respect to either legal or physical custody, and may make different determinations with respect to legal or physical custody. For instance, both parents may share in legal custody even where one parent alone is granted sole custody.

Visitation

A visitation plan is a schedule which describes when the child will reside with each parent. A visitation plan is developed by the court as part of its custody determination. In some cases, the court may order supervised visitation if it is in the child's best interests. This may occur in situations where the child is very young and attached to the custodial parent and may be fearful or anxious to be left alone with the other parent. The court can order visitation to be supervised by the custodial parent, another adult, or a professional agency.

Creative, Effective Solutions

Although a divorce ends the legal marriage, it does not end family relationships such as the relationship between a parent and child. At the Law Offices of Donald P. Schweitzer, we strive to help parents find an arrangement that meets the needs of the parents and their children, and to develop a plan which can be fairly implemented through the years. For knowledgeable and experienced assistance with a Southern California child custody matter, please contact the Law Offices of Donald P. Schweitzer.