Facts You Must Know About The Child Custody Process

Child custody is required when the parents of the child divorce. The unmarried parents must pick when to file for child custody. Custodian rights may affect the visitation and you must make a right parenting plan that meets your child’s requirement. Child custody means the legal rights of the person to the child. The child wants to live with the guardian or parent who has physical custody. The person who has legal custody of the child can make important decisions about the child’s education, medical treatment and many others–A San Jose Family Law Attorney should be able to explain more.

There are many states where a child is born outside of the marriage relationship. In such case, the father needs to petition the court to prove his paternity for his visitation rights or custody. If a child is born within a marriage relationship then both the parents have the rights to custody till the court decides the custodian right. If your spouse has no issues then you can set a parenting plan of your child so that you can visit often. The judge approves your parenting agreement if it is the best interest of your children.

The child’s best interest varies from state to state but there are some similarities between them in all the states. The first one is primary custody is given to the parent or guardian who spends most of the time with the child. The child is at risk only because of your behavior that impacts your child. For example, if you have drunk and drive or domestic violence history then this will impact the judge’s decision and if your child doesn’t know about your extramarital affair then it will not affect the decision of the judge.

Both the parents can access the child only if the judge decides both of them never harm a child. There are two types of visitation and the judge allows any one of them. The first one is reasonable visitation where you and your spouse can decide the best agreement and the second option is fixed visitation where the visitation is allowed only at specific times at specific places.

The reasonable visitation option is the best option where you can make an agreement as per your own schedule whereas in fixed visitation option is given to you only when there is chaos with your spouse. Even though the agreement is approved by the court there is still an option to modify the agreement only when you broke the court order such as refusing visitation as per the agreement. The court modifies the agreement if the earning ability of one of the parent decreases because of loss of income.

Both the parents have rights to change the visitation and custodian as per the agreement–Explained by a family attorney. The court requires the proof of documents before making any changes to the already approved agreement. You must ensure that the agreement can be changed within two years only if it is harm to child’s wellbeing. If you need to change the agreement after two years, you need to prove that the situation has changed and needs changes in the agreement for the best interest of the child.

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