Custody agreements are used by unmarried, divorced or separated couples to designate legal and physical custodial responsibilities. Shared custody on an equal basis, sole custody with visitation rights for the other parent, or something in between may be mandated by the custody agreement. It all depends on the unique circumstances of the case.
If you are not satisfied with your custody agreement, an attorney like Torrence L Howell can help you determine whether or not the agreement is fair. If it is unfair, you can request custody modifications Montclair CA to improve your access to your children or to restrict an unfit parent’s access to them.
Some reasons you might request custody modifications Montclair CA include:
- Drug use
- Criminal Activity
- Mental health deterioration
- Improved behavior of non-custodial spouse
- Mutual parental preference
- Death of primary custodian
For example, if you can prove that your ex-spouse or their live-in partner is engaged in illegal drug use or other criminal activity, you would definitely have a good case for denying them custody. Your attorney can help you do this by filing for custody modification.
Before requesting any custody modifications, be sure you fully understand what you are asking for. Legal custody and physical custody are two different things, so don’t get them confused. Legal custody is the right to make choices regarding the child’s health, education, and welfare, while physical custody determines who lives with the child. It is relatively common for parents to share legal custody even when one parent has sole physical custody.
Your attorney can further explain the rights and responsibilities involved in these two types of custody and help you request the appropriate custody modifications Montclair CA.