There are times when I need to offer our clients a basic primer on legal
definitions and the court as we wind through the legal process. For the
next several weeks, I will post definitions, explanations and general
commentary about the legal details that affect family law.
In our first installment, I begin with the rights of parents to care for,
have custody of, and nurture their children. The character of this area
of law is such that it does not violate fundamental principles of liberty
and justice that lie at the base of all our civil and political institutions.
So fundamental a right, it is protected by Amendments 1, 5, 9, and 14 of
the U.S. Constitution. We also follow court precedence as a guide.
Doe v. Irwin 441 F Supp 1247; U.S. D.C. of Michigan, (1985), is often held as the precedent that the courts look to issues that deals
To many it is unfathomable that a parent would not want to spend as much
time with their child as possible but in Family Law there are many factors
that go into determining child custody. The foundation of any courts'
decision is based on the "Best Interest of the Child."
The courts will look at the age of children, the emotional ties between
parent and children, the amount of time each parent spends with children,
the presence of substance or physical abuse in the home and the employment
and ability for proper care. The following defines the types of custody
that the courts award.
Sole legal custody means that only one parent has the right and responsibility to make decisions
for the child relating to the child’s health, education, and welfare.
Sole physical custody means that the child resides with and is under the supervision of one
parent and may have visitation with the other parent.
Joint legal custody means that both parents share the right and responsibility to make the
major decisions for their child (such as the ones affecting their child’s
health, education, and welfare).
Joint physical custody means that each parent has significant periods of physical custody and
the physical custody is shared so that the child has frequent and continuing
contact with both parents. It does not necessarily mean the parents must
share the child’s time equally.
Joint custody refers to both parents having joint physical custody and joint legal custody.
If anything you read in any of these blogs triggers interest, I strongly
advise that you get direct consultation from your attorney.
Contact The Buncher Law Corporation to schedule an appointment with one of our skilled
Irvine divorce attorneys.