Nothing affects people's daily lives as powerfully as the family. Whether it is during a moment of celebration such as the birth of a child or during a moment of heartbreak such as divorce, we are all moved and motivated by family. Treviño Law understands the grief that a person faces in a marriage dissolution and will provide the legal support necessary to ease the transition in a divorce.
In a California divorce or separation, the custody and visitation of the minor children are critical court decisions that a family law attorney should address. There are many sources of information the Orange County court uses to determine the best interests of the child. Treviño Law evaluates and organizes that information to secure the best outcome for the child's custody
Custody and visitation of minor children are based upon factors which include the child's health, safety, and welfare. The family law judge will consider the child's best interest and which parent is likely to foster the relationship between the other parent and child. Although older children have some say as to which parent should have custody, their desire is one element. A divorce attorney can evaluate the factors and argue the case effectively.
The terms joint legal custody and joint physical custody are often misunderstood in California. Joint legal custody refers to the ability of the parents to jointly make legal decisions regarding their minor child. California Family Code §3003 states that parents who have been awarded joint legal custody have the "right and the responsibility to make the decisions relating to the health, education, and welfare" of the minor child. . . . continue reading . . .
Custody in Orange County is based upon the best interests of the minor children. Many believe that the best interest approach is based upon which parent is the better person. However, there is a presumption that it is in the best interest of the minor children to have both parents involved in the minor children's lives. . . . continue reading. . . .
Even if a parent of a minor child lives in the State of California, California does not automatically have the ability--also known as jurisdiction--to make an order regarding custody. If the minor child lives outside of the State of California, the California court may not determine the best interest of the minor child as to visitation, because California is not the home state of the child. California Family Code §3402 requires a child to live in the home state consecutively for six months before the state has jurisdiction to enter an order on a child custody matter. For more information, go to UCCJEA and custody. . . . continue reading. . . .
Sometimes during a divorce, one parent wants access to the other parent’s medical records to show that the other parent is unfit to raise the minor children. The request for records can include not only medical records, but also a request for therapy session records. The difficulty lies, however, in the fact that both the doctor's records and the therapist's records are protected by the doctor-patient privilege . . . . continue reading . . .
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