Some of the Biggest Custody Issues We See in Courts Today

Some custody issues are more common than others in the U.S. As an attorney who practices family law, we see a variety of custody issues come to light and we want to help you get the best results in your case. Here’s a look at some of the most common custody issues we hear in court:

child custody issuesWhat is the “best interest of the child”? The best interest of the child is the standard that judges what will affect the child in the most positive way when it comes to your custody case. The judge will look at various factors, such as the child’s age, their emotional and physical development, and whether or not there is evidence of abuse. 

What about the child’s custody preference – is it heard? Judges tend to listen to older teenagers over those of young children, but this is not always the case. They might give some weight to a child’s opinion.

What rights do legal custody and physical custody give to a parent? Legal custody gives parents the right to make decisions on behalf of the child. Physical custody gives a parent the right to have a child reside with them.

How exactly does joint custody work? Joint custody occurs when parents equally divide physical and legal custody, or as close as they can get to it. They can sometimes be difficult scenarios, especially when both parents are 100% expected to cooperate with one another.

Can the custodial parent move from the state? When a parent has sole custody of a child, they still can’t leave the state without permission. Perhaps the other parent has visitation rights, and so this would not work. 

Is a grandparent able to gain custody? Yes, sometimes grandparents are able to gain custody depending on the best interests of a child. However, they will usually give preference to both parents, especially when they are still married.

At The Law Office of Soheila Azizi & Associates, we want to speak with you about your case when you are having issues with custody matters. Call us today for more information on how we can assist you.