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Child Custody FAQ

Call Today 559.900.1263

Child Custody FAQ

Child Custody Attorneys in Fresno with the Answers

One of the key elements of a successful child custody case is knowing what to expect ahead of time while still keeping the ability to adapt and compromise, within reason. At Arnold Law Group, APC, our Fresno child custody attorneys have more than 30 years of combined experience assisting families through the most difficult of family law and divorce cases. Allow us to give you some helpful insight into this process now before matters become even more complicated by either calling our team at (559) 900-1263, or by checking out these answers to some frequently asked questions about child custody.

How do courts determine who gets custody of the children?

Essentially every family law court in the nation rules “in the child’s best interests” by putting the parent’s individual needs off to the side and focusing on what benefits the child. To determine what benefits the child the most, and therefore which parent can provide those benefits most easily, the court will consider the child’s age, gender, health, interests, relationships, and more. It will also weigh each parent’s health, finances, criminal record, habits, and more.

Do I hurt my chances of winning custody if I move out of our house before the divorce ends?

The court needs to determine which parent is most committed to the children and the family. By leaving early, it will make it seem as if your own best interests are at the top of your list of priorities, and the court will likely frown upon the relocation. If you need to leave for your own safety, such as in domestic violence cases, be prepared to show the court evidence as to why.

Are mothers automatically more likely to get sole or primary custody?

Historically, courts have had an unfair bias towards favoring the mother in child custody cases, ignoring the father’s rights by assuming they are not nurturing. While this seems to be fading out of the mindset of our society in general, it can still pose a major concern for fathers. Additionally, there seems to be a natural inclination for many divorcing couples to both agree that the mother should have primary custody, and perhaps this is what started the court’s bias in the first place.

I didn’t win physical custody – when can I visit my children?

The court rules on visitation agreements most of the time but shaping the rules of those agreements often hinges on the parent that did win primary physical custody. If you both can work together and keep your schedules somewhat predictable, reasonable visitation should be feasible. If you feel like your ex is intentionally trying to stop you from seeing your children, you may need to bring the matter to the attention of an attorney and the court.

Will joint custody be an option in my child custody case?

This depends almost entirely on your relationship with your ex and both of your stabilities. If you both can work together and support yourselves, the court is probably going to push for joint physical and legal custody so the child can be raised by both parents. This is actually quite common and is even mandatory is some states. If you think it is the right choice for your child, start considering how you want to bring it up to your ex now.

Does winning child custody mean I will also win child support?

No. Child support is determined not by where the child lives but by the financial situation of the parent caring for them. If you earn far greater income than your ex, do not expect to receive child support payments of any significance. In fact, they might even want to talk about you providing them with spousal support instead.

Further reading:

What Determines the "Best Interests of the Child?"

Child Custody Issues When a Same-Sex Couple Gets Divorced

Holiday Child Custody Plans

Answers Today for Tomorrow’s Solutions

Our Fresno divorce lawyers want what is best for our clients and their families. We are always careful to analyze each case closely and with a personalized touch. No one is handed a cookie-cutter solution or viewed as just another file for the drawer. If you are going through a divorce and are not sure where to turn for the legal, and emotional, support you require to get through this confusing time, know that you can turn to us.

Schedule your consultation today. All you need to do is dial 559.900.1263 to request one.