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Divorce and How It Relates to Child Custody

Last updated 5 years ago

Divorce is one of the most stressful life events most people will experience, but it can become even more complicated if you and your former partner are trying to resolve child custody issues as well. Continue reading to learn more about how divorce and child custody relate.

How Custody is Determined

In some cases, parents are able to reach an amicable agreement when they work together to determine the best interests of their children. Unfortunately, many couples have significant and complicated reasons for getting divorced that can make it more difficult to reach an agreement. In those cases, the court will step in and create a child custody order if necessary.

When Reason for Divorce Matters

The reason behind you and your partner’s decision to divorce may not be a factor in the child custody order. However, there are some circumstances that the court will consider. If there is any history of family violence, substance abuse, parental neglect, or other extenuating circumstances, the court will factor in these issues.

What Types of Custody are Available

The good news is that custody and visitation orders can be flexible, depending on the needs of your family and the children’s best interests. California law provides for two types of custody. The first is legal custody, which involves making decisions about the child’s schooling, religious activities, extracurricular activities, and more. The second is physical custody, which deals with where the children live. Both forms can be granted as either joint or sole custody.

Do you have any more questions about divorce and child custody? Contact the family lawyers at the San Jose office of Moreno Family Law for a capable guide through a difficult process. We focus exclusively on divorce, child custody, and support cases, and our experience in these areas shows through the quality of representation we provide to our clients. Call us today at (408) 266-9011 to schedule a consultation.


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