California Divorce: What is Legal Custody

By Steven Carlson

Generally, there are two types of legal custody recognized by the courts, sole legal custody and joint legal custody. Typically, in child custody cases, the parents will share joint legal custody unless one parent is deemed unfit or if it is determined that he/she is incapable of making decisions regarding the upbringing and general welfare of his/her child or if it would be in the child's best interest for that parent to not have legal custody rights.


Joint Legal Custody

According to the California Family Code section 3003, "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." Joint legal custody is very common in California. However, the fact that the parents share joint legal custody does not mean the parents will necessarily share joint physical custody.


Sole Legal Custody

According to the California Family Code section 3006, "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." The fact that a parent has sole physical custody does not mean he/she will also have sole legal custody.


Whether you have a custody order that defines how legal custody is awarded or if there is no order regarding legal custody of the children, legal custody is an important legal term that you should become familiar with. Having a general knowledge and awareness of common legal terms such as "legal custody," "sole legal custody," and "joint legal custody," and with the help of an experienced family law attorney, you can have greater assurance that you are doing what is necessary to protect your parental rights, parental responsibilities, and your relationship with your children.


Copyright © 2007 Child Custody Coach [http://www.childcustodycoach.com]Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. [http://www.thecustodycoach.com]How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost! is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. [http://www.custodymatch.com]Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Article Source: http://EzineArticles.com/?expert=Steven_Carlson http://EzineArticles.com/?California-Divorce:-What-is-Legal-Custody&id=412228

California Divorce: What is a California Summary Dissolution?

By Steven Carlson

In California, a summary dissolution is a simple way to get a divorce with the possibility of not having to appear in court for a trial. However, not every couple can use a summary dissolution in California to get a divorce. Therefore, before you proceed with a summary dissolution in California you will want to determine if you qualify for a summary dissolution. Information related to the factors that qualify a couple for a divorce through the summary dissolution procedure in California can often be found through your local superior courthouse or through its website. In general, couples that meet the criteria, such as the following criteria, may be able to use a summary dissolution in California:

* Do not have children together

* Married for a short period of time

* Do not own a lot of property

* Do not have a lot of debt

* Agree on how property and debts will be divided after marriage

* Lived in California for the last 6 months

* Lived in county where you file for last 3 months

Once you determine that you qualify for a summary dissolution in California you will want to read the Summary Dissolution Booklet provided by the superior court in your county. The Summary Dissolution Booklet will help you to understand the summary dissolution process and provides that you swear under penalty of perjury that you have read and understood the material. After you read The Summary Dissolution Booklet you will want to identify the appropriate superior court in California which to file the summary dissolution. Typically, the appropriate court is determined by where you and your spouse currently live. To execute a summary dissolution in California the appropriate forms must be prepared such as the Joint Petition for Summary Dissolution of Marriage along with a property settlement agreement that describes how property and debt will be divided. Once the appropriate forms are prepared, it can be filed with the appropriate superior court clerk in your county. After filing the papers for the summary dissolution there is a 6 month waiting period before the summary dissolution can be completed. Once the waiting period is up, you can finish your summary dissolution in California by completing and filing a Request for Judgment with the court.

Whether you are planning to retain an attorney to do a summary dissolution or planning to do a summary dissolution yourself in California, you would be wise to consult a California divorce attorney or California family law attorney to make certain you meet all the criteria to use a summary dissolution in California, are completing the appropriate forms, and are following all the proper procedures to start and finish a summary dissolution in California.

© 2006 Child Custody Coach [http://www.childcustodycoach.com]Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. [http://www.thecustodycoach.com]How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost! is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. [http://www.custodymatch.com]Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Article Source: http://EzineArticles.com/?expert=Steven_Carlson http://EzineArticles.com/?California-Divorce:-What-is-a-California-Summary-Dissolution?&id=397316

California Child Custody and Visitation issues - General Information

By Norman Fernandez

Child custody issues in California family law can result by way of the initiation of dissolution of marriage proceedings (divorce), legal separation, annulment, or paternity proceedings. Child custody issues can arise even if the parties are not legally separated, but living apart.

There are several classifications of child custody in the state of California such as; Sole legal and physical custody, primary physical and legal custody, joint physical and legal custody, and no right to custody.

With respect to marriages, the father or the mother are equally entitled to custody of the minor children of the marriage, before a court ordered is entered. If you are contemplating a divorce, filing for divorce, legal separation, or living apart, it is very important to obtain court orders which articulate your rights to child custody as soon as possible. Without court orders, a child who is let's say is living with the mother (or father) could be legally taken by the other parent absent court orders. If you have minor children of the marriage, it is important to file an order to show cause for child custody along with any petition for dissolution of marriage, or legal separation paperwork, so that you can get a court order articulates your rights to child custody.

The court primarily focuses on what's in the child's best interests when it determines who is entitled to what type of custody of a minor child of the marriage. Although it sounds simple, child custody and visitation issues with respect to California law are quite complicated, and should not be litigated without the help of an experienced attorney.
In the old days it was thought that children should be with their mother. However, modernly the court looks at many factors in determining who gets what type of custody of minor children. If you are a mother, you should not assume that you will automatically get custody of the children. If you're a father, you have an equal chance of getting primary custody of the children.

Entire law books have been written on the subject of child custody.

If you have a child custody issues in Southern California and want a free consultation on your case, give our law firm a call at 818-739-1544 extension 10 or you can click here to go to our family law website.

By Norman Gregory Fernandez, Esq., © 2006

Norman Gregory Fernandez is a California lawyer who handles many types of legal matters. You can reach him through his website at http://www.norman-law.com

Article Source: http://EzineArticles.com/?expert=Norman_Fernandez http://EzineArticles.com/?California-Child-Custody-and-Visitation-issues---General-Information&id=388576

Child Custody Lawyer - Adoption Attorney - California Divorce Lawyer

By Todd Going

Each state has its own regulations regarding family law, and each jurisdiction has its own set of regulations. State laws determine custody rights, spousal support, divorce and even non-marriage issues such as guardianships, emancipation and adoption. Lawyers who specialize in family law must have a thorough understanding of particular statutes of the parties involved. When it’s time to face a life changing situation such as a divorce, adoption or child custody battle, it’s extremely vital to seek the guidance and experience of a qualified family lawyer in your area.

Adoption:

Adopting a child is one of the most common forms of adoption today. Children of single parents may be adopted when two people marry and ensure joint power and involvement of both spouses in the lives of their children. It’s unfortunate, but sometimes insurance policies and inheritance issues are not respected unless a legal connection between stepchildren and stepparents is acknowledged. Adoption essentially forms a way to ensure financial and legal protections for all children in a family.

Divorce:

A divorce is an important and final step in a relationship that needs to be addressed. Important factors such as financial, medical and emotional implications make this process very difficult. Studies have shown hat long term social, mental and physical heath can deteriorate after a couple divorces. Children are generally the most affected by the divorce as their young psyches are not as well adjusted as those of adults.

Child Custody:

Since both parents often want to maximize their time spent with the child, child custody battles can sometimes erupt into a very heated battle. These battles can have a heavy physical, emotional and financial burden on both a parent and a child. It is very important for every parents who face a child custody decision to get prepared for the case so that the personal toll is minimal and your child’s safety is secured and protected.

If you need help resolving a family issue, then you must contact a dedicated and experienced family lawyer who will work to protect your legal rights. It is going to be a difficult period of time, but the guidance of a knowledgably attorney will help you get through it. Please contact a family lawyer today.

To learn more about finding a family lawyer in your area, or finding a [http://www.resource4familylaw.com/topics/divorce.html]divorce lawyer, please visit our website at http://www.resource4familylaw.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

Article Source: http://EzineArticles.com/?expert=Todd_Going http://EzineArticles.com/?Child-Custody-Lawyer---Adoption-Attorney---California-Divorce-Lawyer&id=214164