From their offices in Bakersfield, the family law attorneys at Thompson Law help people throughout Kern and Tulare counties with critical issues in a divorce or legal separation, including the crucial subjects of child custody and child support.

Child Custody

Custody is most often awarded jointly to both parents, although it is common for one parent to have primary custody, often to provide more stability or consistency in the child's life. Sole custody is sometimes granted when the age or gender of the child makes it in the child's best interest to be with a particular parent, or if one of the parents has a history of child abuse or domestic violence.

There are two aspects of custody to be determined by the court: physical custody and legal custody. Physical custody determines where the child lives, while legal custody refers to the right and responsibility to make decisions regarding the child's upbringing in areas such as education, medical care, and religion. Either type of custody may be awarded as sole or joint custody, and the orders can be different for each type of custody.

A visitation plan is usually developed to determine when the child will be with each parent. The court may order supervised visitation to make the visitation safer or more comfortable for the child, such as if the child is very young or has not had a lot of contact with the parent. The supervision may be conducted by an agency, another adult, or the custodial parent.

Child Support

Since both parents are legally obligated to financially support their children, the court in a divorce will often require the noncustodial parent to pay a monthly amount of child support. This obligation usually continues until the child turns 18, although if the child is still in high school at age 19, support may be continued. Also, if the child is disabled or otherwise incapable of becoming self-supporting, child support could be awarded indefinitely.

The court calculates the monthly support amount according to statutory guidelines. These guidelines create a formula incorporating a number of factors, such as the number of children to be supported, the income and earning capacity of each parent, the custody plan, including traveling costs for visitation, and the child's expenses for education and medical needs, including health insurance.

Support is not awarded in every case, and whether it is truly needed may be a contested matter in court. Also, the parents may agree to a different amount than the guidelines suggest, or they may agree to continue payments beyond the date they would expire pursuant to the court order.

Modifications and Move-Aways

Custody and support orders can always be modified at a later date. A modification requires going to court and proving that circumstances have changed to justify a modification of the court order. To change or terminate an order for child support, for instance, one might show an increase or decrease in either spouse's income, or a change in the educational or medical expenses of the child.

A common reason for a change in child custody is when a young child enters school, or when one parent has a need or desire to move away, sometimes relocating to another state or far enough to make the current custody arrangement impractical. Although a custodial parent has a right to relocate, if the noncustodial parent can show changed circumstances, a hearing will be held to determine if modification of the custody order is in the child's best interests.

Compassionate, Caring, Capable

The law regarding modifications and move-aways and custody modifications is complicated, often involving court hearings in two stages and the consideration a large set of factors. Any modification, just as any initial court order for custody or support, should be approached by a knowledgeable attorney who understands your needs and desires and is fully prepared to advocate effectively on your behalf in court.

At Thompson Law, our lawyers know the law and care deeply about helping you achieve what is best for you and your family in what is often a difficult situation. Contact Thompson Law for a free consultation to discuss the issues of custody and support in your divorce.