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Child Custody Laws
In California, child custody laws are designed to ensure the health, safety, and welfare of the child, with a keen focus on the child’s best interest.
The law differentiates between two main types of custody:
- Legal Custody: Legal custody pertains to a parent’s right to make decisions about the child’s health, education, and welfare.
- Physical Custody: Physical custody concerns where the child lives and the logistical arrangements concerning the child’s daily care.
Courts in California look at a variety of factors to determine what best serves the child’s interests, including the health, safety, and welfare of the child, any history of substance abuse , and the nature of the parent-child relationship.
Child Support Guidelines
In most cases, child support is determined by the statewide uniform guideline formula, which is court, is calculated through use of programs such as Dissomaster or X-Spouse.
The guideline formula in California is presumptively correct. Meaning, absent certain and limited circumstances, the Court will consider the guideline child support amount the right amount of child support.
In cases involving child support, often, there is a disagreement on what timeshare each party spends with the child, who takes the children as tax exemption, the total monthly gross income of a party, and what deductions and add-ons to child support should be considered.
If you are facing challenges related to custody or support, consider reaching out to our experienced team. Together, we can analyze the factors to take into consideration and develop a strategy to move forward.