Child Custody FAQ in Roseville, CA

When it comes to dealing with child custody matters, it is important that you are fully informed so that you can make the best decisions for you and your children. Our Roseville divorce lawyer, Frank F. Ali, has provided answers to frequently asked questions concerning this area of family law.

Common Child Custody Questions

Q: What are the different types of child custody that can be ordered by the court?

There are two different types of child custody—legal custody and physical custody. Legal custody gives a parent the authority to make important decisions concerning his or her child's life. These might be decisions concerning the child's medical care, education, exposure to religious activities, participation in extracurricular activities, general welfare and more. Physical custody determines who the child will live with. These two types of custody can further be broken down into the categories of sole custody and joint custody. Joint custody means both parents have privileges, while sole custody means the privileges are only given to one parent.

Q: Can the noncustodial parent get visitation?

When one parent has the child for less than half the time, that individual's time with child is considered "visitation." The visitation order designates how often the noncustodial parent will have the child and for how long. Some visitation orders go by strict, pre-established schedules while others are more open-ended and up to the parents to work out with each other. In other cases—particularly those in which the child is believed to be at some type of risk—a court might order supervised visitation or that there be no visitation.

Q: How can I obtain a child custody or visitation order?

If you and the other parent can agree on the terms of your child custody and visitation, you can both write up a parenting plan and then get a judge to approve it so that it can become an official custody order. If you and the other parent cannot agree, you will need to fight for custody in court, with the judge making the final decision.

Q: Is it possible to make changes to a custody order?

Yes. It is possible to make a post-divorce modification to your child custody and visitation order. When the modification is decided by the court, it is only given when there is a significant change in either of the parents' circumstances or in the needs of the child. A couple of examples of major changes that might cause the court to change the previous order include a change in a parent's work schedule, a change in where a parent lives or threats to the child in one of the parents' homes (such as domestic violence).

Q: What happens if a child custody order is violated?

When a court issues a child custody order, both parents are legally required to follow it. When a parent violates such an order, he or she is considered as being in "contempt of court." This can result in criminal repercussions, and it can also potentially lead to a modification of the current custody order that is unfavorable to the parent who in violation.

Contact a Divorce Lawyer in Roseville, CA

By consulting with our knowledgeable Roseville, CA divorce attorney at the Law Offices of Frank F. Ali, you can get even more of your questions answered. Contact our firm so that we can provide you with the information you need!