Determining custody can be one of the more emotionally taxing issues in a family law case. Custody is an issue in divorces, termination of domestic partnerships, legal separations, annulments, parentage/paternity actions and grandparent custody actions. At the Law Offices of Nicole L. Aeschleman, we strive to make the process as smooth and painless as possible. The legal system recognizes two categories of custody: Legal custody and physical Custody. Legal custody allows a parent to make decisions regarding their child’s welfare. This includes the right to decide a child’s medical, educational, and lifestyle needs. Legal custody may be either joint or one parent may have sole decision-making authority. Physical Custody refers to the parent or parents with whom the child resides. This also may be joint or awarded to one parent, depending on the circumstances of the case. California’s policy presumes that it is the best interest of the child to give each parent joint legal and physical custody. However, the court will sometimes award one parent sole legal and/or physical custody. At the law offices of Nicole L. Aeschleman, we will help you negotiate with the other parent a custody agreement or, if necessary, advocate for you through the court process.
Visitation orders are also issued in cases where there are minor children. Visitation refers to the time that the non-custodial parent has the minor child. A visitation order may be general and simply state “reasonable visitation,” or it may be a detailed order that sets forth exact days and times a child will be with both parents. Holiday and summer schedules may be determined as well. In determining a visitation order, California’s public policy is to foster frequent and continuing contact between both parents and the child. There are cases, however, when such an arrangement may not be appropriate. Visitation can be a complex issue depending on facts of a case. At the Law of Offices of Nicole L. Aeschleman, we are determined to help you arrive at the visitation arrangement that is appropriate for your specific case. If we are unable to negotiate an agreement, we have experience with the Court process, and we will vigorously represent you until resolution. If you already have a custody and visitation order and you believe it needs to be modified, or if the other parent is not following the order and you want to enforce the order, we can assist you with the modification/enforcement process. Contact the Law Office of Nicole L Aeschleman for a reduced rate full one-hour consultation.