As Walnut Creek custody lawyers, our experience makes us especially adept at dealing with child custody and visitation issues in a divorce.
Our 30 years of representing men enables us to share the experiences of other fathers who went through similar situations. We’ve developed strategies and approaches to help maximize the quality as well as the quantity of time with your children.
There are two types of custody: Legal and Physical.
Legal custody is generally held jointly and means both parents share the rights and responsibilities to make decisions about the children’s residence, health and education. This includes each parent’s lawful duty to financially support the children to the best of their ability; something oftentimes overlooked at first, but important to establish early in a court case.
Physical custody is also known as “time share” — we don’t “visit” our children — is the day to day responsibilities each parent has; typically under a schedule. Time share schedules vary depending upon each parent’s work schedule and other factors. The ideal schedule is one that maximizes each parent’s available time with the children to ensure kids continue to be raised by two parents and benefit from the best that each parent has to offer. Old fashioned ideas favoring the mom have been rejected by psychological studies of divorcing kids over the past generation.
The court’s primary concern is to assure the children’s health, safety and welfare, and that they have frequent and consistent contact with both parents by ensuring that children of divorce are still raised by two parents. When you leave it up to the court to decide, you risk allowing standardized “one size fits all” formulaic systems imposed on your family. It is better for the parents to work out for themselves what truly maximizes the best of what each parent has to offer. Our experience enables us to tailor custody schedules that fit your personal family dynamic.
An important aspect in most divorces is to realize early on that as parents you are not in competition with each other, but instead continue to each bring the best of what you have to offer raising your kids. Your strengths likely differ from the other parent’s strengths. The kids get the best of both worlds.
“In the modern world,” says Walnut Creek divorce attorney Neil Holmes, “It’s also now men who must learn to balance career and parenting. That’s not something they teach in the law books — how to coach guys in parenting. ”