Saturday, January 15, 2011

WHO HAS CUSTODY OF THE CHILDREN DURING A DIVORCE?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:


QUESTION: When going through a divorce, who has custody of the children in California? Will an attorney help figure that out?

ANSWER: Before there is an Order or Judgment (or a Stipulation and Order) determining legal and physical custody of the children, custody is undetermined. A Family Law Attorney can help resolve custody issues, by negotiating with the other party or attorney in an effort to enter a Stipulation and obtain an Order on the Stipulation for physical and legal custody, or through a legal proceeding known as an "Order to Show Cause" during the pendency of the divorce case. At trial or settlement of the case, the Judgment will set forth the orders for legal and physical custody of the children.

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