Discuss Your Case Today:
(424) 421-0009
Discuss Your Case Today:
(424) 421-0009

Child Custody Faq

Does Joint Legal Custody Mean We Always Need to Agree?

No! You are both still human and are bound to have differing opinions on how to raise your child together. What joint legal custody means is that both parents have the legal right to make decisions regarding their child and that no parent can make a decision on their own.

That being said, parents who have joint legal custody of a child are encouraged to work together to come to an agreement on decisions to avoid going back to court.

DOES JOINT PHYSICAL CUSTODY MEAN A CHILD IS SPLIT 50/50?

It is often difficult for a child to split their time completely even, so it is common for a child to spend more time with one parent over the other—even when joint physical custody is awarded. In these cases, the parent who has the child most is the “primary custodial parent.”

HOW ARE AN AGREEMENT AND A JUDGMENT DIFFERENT?

In some child custody cases, the parents will be able to work together to determine an agreement regarding the custody of their child / children. Should the parents, with their lawyers, be able to draft a written agreement that is signed by two or more parties, it is a binding, enforceable agreement. However, a court will not be able to enforce such an agreement it becomes a court order—also known as a judgment. In some cases, the court will be able to take the components of the agreement and incorporate it into the final judgment.

The judgment would then replace the agreement and the court 
would be able to enforce it in case of future violations.

WHAT HAPPENS IF ONE PARENT WANTS TO MOVE AWAY?

While moving—especially to a different state—is always a complicated affair, it is never more complicated than when it involves a divorced family and their children. If you are interested in moving after a divorce, or if your ex-spouse is considering relocation, it is crucial you talk to a lawyer, since these laws change frequently and you need to protect your rights.

In most cases, parents who have sole physical custody will be able to relocate with the children—unless the other parent is able to prove that such a move would not be in the child’s best interest. This is generally only true, however, in cases where sole physical custody is permanent, something that is not always clear. In cases where parents share joint physical custody, the parent who wants to move with the children will need to prove to the court that the move would benefit the child and be in their best interests.

HAVE MORE QUESTIONS?. CALL TO LEARN MORE.

If you are ready to find out how a Los Angeles family law lawyer from Stolar Law Group can assist you, please call our office at (424) 421-0009 to schedule an initial consultation. We have been helping clients throughout Southern California for decades, and now we’re ready to help you.
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