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Child Custody FAQ

One of the most difficult aspects of a divorce where children are involved is the determination of custody. Parents generally want to do what is in their child's best interests, but at the same time, they do not want to risk losing their parental rights or that at special parent-child relationship they have worked so hard to build.

If you are worried about how custody will be awarded in your divorce or child custody hearing, we advise you contact Widger & Widger, APLC right away. We are a BBB accredited business with attorneys who have both been selected for inclusion in the Southern California Super Lawyers® Rising Stars℠ lists of 2009 and 2010. With our in-depth knowledge and experience handling divorce and family law issues, as well as our history of proven results, we are the legal team you want advocating on your behalf. To find out more about the legal services we offer, we recommend you contact our firm. In the meantime, here are answers to some of the most frequently asked questions concerning child custody:

What factors will the judge take into consideration when deciding who gets custody of the children?

The child's best interests are the most important factor used by a judge when determining custody. Other factors which can influence custody include the child's age and sex, his or her mental and physical health, each parent's age and health, each parent's lifestyle, the emotional bond each parent has with the child, each parent's ability to provide for the child, the child's established routines and more.

Are judges more likely to award custody to mothers than fathers?

In the past judges may have been more likely to award custody to mothers than fathers, but in this day and age, each parent is given equal consideration in custody cases. Custody is simply awarded on what is in the child's best interests, regardless of the gender of the parent.

What are the different types of custody?

There are two primary types of custody: legal custody and physical custody. When a parent has legal custody, he or she will be responsible for making key decisions as to the child's upbringing. Legal custody can be shared custody or it can be sole custody. Physical custody gives the right and responsibility for a parent to the child under his or her physical custody and care. This type of custody can be joint physical custody, sole physical custody or primary physical custody.

If one parent is not awarded physical custody, will he or she be awarded visitation rights?

If sole or primary custody is awarded to one parent, the non-custodial parent will have the right to seek visitation rights so that he or she can continue to play a role in the child's life. If you are denied custody, our firm will fight to see that your parental rights to visitation are not denied.

As a parent, it is important that you take action to protect your parental and custodial rights. This will not only be beneficial to you, but to your child as well. A parent's role in his or her child's life cannot be understated. If you need legal representation in a child custody case, do not hesitate to call our firm to speak with a Culver City divorce attorney today. We will do everything we can to help you fight for the child custody agreement that aligns most with the best interests of both you and your child.