The Law Offices of Jasmine Davaloo
Child Custody and Visitation
A parental dispute over child custody and visitation is usually the most emotional aspect of a family law case involving children. Attorney Davaloo makes every effort to obtain the most favorable parenting plan for her clients that are in the best interest of their children.
Whether you need a child custody and visitation order for the first time, or you already have such an order but the circumstances have greatly changed and a modification is needed, or if the other parent is violating the existing court order, Attorney Davaloo can help you seek the proper resolution.
In cases involving minor children, it is necessary to obtain child custody and visitation orders from the court to establish structure and stability for you and your children, not to mention peace of mind.
Legal custody deals with major life decisions about a child’s health, education, and welfare. It refers to your decision-making rights as a parent, and not how much time you get to spend with your child. Usually, both parents are awarded joint legal custody of their child in the absence of serious concerns about a parent’s sound judgment. Some examples of these types of decisions include:
1. The right to your child’s medical and school records;
2. The right to be informed and participate in your child’s school and extracurricular activities; and
3. The right to be informed prior to the other party attempting to move the residence of your minor child.
Physical Custody and Parenting Plans
Physical custody deals with day-to-day care and control of a child, generally with whom the child lives. In making physical custody orders, the court looks at the “best interest” of the child. Usually it is best for both parents to come up with an agreement for custody and visitations called a parenting plan. But in situations where the parents cannot agree on a parenting plan, we work with our clients to take the appropriate steps to prepare all witnesses and evidence necessary to address potential custody issues and to seek an order that is in the best interest of the children.
Modification of Child Custody and Visitation Court Orders
After a family law court enters an order on child custody and visitation issues, the court retains “jurisdiction” (authority) over those issues. This enables either party to return to court at a later time to seek a modification of the original Order. Of course, there are legal standards and various factors that the court takes into account in deciding whether or not to modify an existing child custody and visitation order.