Child Custody / Child Support Issues in Los Angeles
Thank you for visiting My Los Angeles Family Law Attorney. If you have uncertainties regarding the future of your children, please give us a call immediately. Our firm focuses primarily on Child Custody and Child Support issues and we can help you. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Los Angeles.
At the Family Law Offices of “insert attorney name” in Los Angeles we know that security and protection of your children are very important to you. We know that these are the critical issues involved in every family law case. We care about you and your children. We will listen to your concerns and we will help.
Child Custody and Support Overview
- California courts consider the best interest of the child when determining child custody.
- In the United States, 25% of children live in a single-parent home.
- Child support payment enforcement is a national priority handled by Federal and State laws.
Child Custody
- The court’s #1 priority in determining custody is the child’s best interest.
- In Los Angeles, if child custody issues are disputed, the court will order mandatory mediation to take place.
Custody Types
- Joint Legal Custody
- Children share equal time with both parents.
- You are both responsible for making all major decisions, which include:
- Medical care
- Education
- Religion
- Daily welfare issues
- Primary Physical Custody
- Where the children live.
- You provide daily care.
- The other parent will have visitation rights.
- Joint physical custody is not awarded often – too demanding on the children.
- Sole Custody
- One parent makes all major decisions.
- One parent makes all major decisions.
Visitation
- The court will order visitation rights and leave the schedule to the parents.
- If the parents cannot agree on a schedule, the court will set a fixed visitation schedule for the non-custodial parent, which includes:
- Dates
- Times
- Places
- The schedule consists of time with the children:
- Every other weekend
- Alternating holidays
- Time during summer vacation
- Visits for Grandparents
- Family Code Sections 3100-3104 address the rights of grandparents.
- Court awards visitation if it finds the visit is in the best interest of the children.
- The court determines if there is an existing relationship between the children and their grandparents.
Relocation or "Move Away Orders"
- Relocating a child requires adherence to the custody agreement in the jurisdiction of the primary residence.
- Move-Aways
- When one parent wants to relocate a long distance away.
- Relocation brings up several child custody issues:
- Visitation needs to be modified
- Changing the child’s home
- How far?
- Relationships with both parents
- Ages of the children
- Do the children want to move?
- Non-custodial parent’s decision-making rights could chang
- Interstate Move
- The Uniform Child Custody Jurisdiction and Enforcement Act details which states will exercise jurisdiction.
- International Move
- If you move your child outside of the country with a child custody agreement in place, this can be considered international child abduction.
Child Support
- In the 1980’s, California enacted the Agnos Minimum Child Support Standards Act which established minimum levels of child support.
- It required that the court system establish guidelines to determine the amount of child support that should be paid.
- Child support will automatically be deducted from the non-custodial parent’s salary.
- Child support is paid until the child reaches 18.
- If they have not graduated high school at 18, it is paid until they graduate or reach 19 first.
- Parents can agree to continue support through the college years; it is not mandated by the court.
- If agreement is reached, it will be enforced by the Family Law Court.
- Child support payments are based on the Child Support Guideline:
- Each parent’s total net monthly income
- Home much time the child spends with each parent
- Everyday needs
- Etc.
- Child support payments can be modified if circumstances change dramatically.
- Either parent can petition the court to increase or decrease the payments.
- The court will determine if the change should be made.
- If you do not pay your court-ordered child support:
- You can be held in contempt
- You can be fined
- You can serve time in jail
- Federal Taxes:
- Allowed deductions and certain exemptions can reduce your taxes year end.
- The IRS has rules to control your deductions and exemptions if you pay or receive child support.
Conclusion
Child custody and child support issues can be complicated. You need the help of experienced attorneys at our offices. Call us at the Family Law Offices of “insert attorney name” in Los Angeles. Your children are important to us and we will fight for their rights and protection.
