Custody

CUSTODY, VISITATION, AND TIMESHARE

We understand that this is a very difficult time in your life, perhaps the most difficult ever. When children are involved in a conflict situation, the pain can sometimes feel unbearable. When parents are unable to work out the conflict alone and need the assistance of a legal representative, often the situation has reached a crisis level.

At the Office of Robert Sainburg, Attorneys, we know that your children are the focus of your concerns. We know that there are many questions that go through your mind concerning how to handle your current situation. We are very aware that there are many myths and a great deal of misinformation that you may have heard about the court process when it comes to children.

We are always concerned with the best interests of your children. Indeed, we will never accept an engagement if we do not believe you share this concern. Obviously, what is in the best interests of your children is different for each family. This is where receiving counsel from an experienced, compassionate, and knowledgeable professional is important.

Sometimes dispelling some of the myths will help ease some of your anxiety and allow you to make decisions based upon a realistic assessment of the situation. During these times, people naturally feel hurt, anger, fear, vengeful sentiments, and desperation. We are here to assist you diffuse your situation and return peace and calm to your family.

You have probably heard the word "custody" but may not completely understand what it means. When we refer to custody, usually we are speaking about what is known in the courts as "physical custody." Basically, this refers to the supervision of the children in one's residence ("Who does the child live with"). The other type of custody, which is also important, is "legal custody." This refers to the responsibility of making important decisions concerning the children - their health, education, and welfare.

Whether we are discussing physical custody or legal custody, we are focused on the best interests of the children. One of the issues concerning custody, both physical and legal, will become whether the custody should be shared between both parents, or whether one parent should have primary custody. For example, there are situations where physical custody is not shared (for many possible reasons) but legal custody is shared and both parents confer about important decisions concerning their children.

Another question arises concerning "visitation." This applies more often in the situation where there is not a shared physical custodial arrangement, but the non-custodial parent, is awarded "visitation rights" to the children. The word "visitation" is somewhat a misnomer, because actually, when the children are in the care of the non-custodial parent, that parent is responsible for that child's needs during that time, and it is much more than just a "visit." This is partly why the word, "timeshare" is more often used in modern times, in an attempt to avoid the unintended connotation of "visitation."

A party who conceals a child from the child's other parent may be held criminally liable for abduction, in addition to remedies available in the family law court (including loss of unmonitored timeshare with the child).  In the event that you are faced with an issue of abduction, you should contact your local law enforcement agency. However, you will likely need an attorney as well because there will likely be issues of restraining orders and monitored visitation that will arise and require court attention.

We are available to provide you with legal advice concerning these very important issues in your life. When you are ready, contact us at the Office of Robert Sainburg, Attorneys.

Office of Robert Sainburg, Attorneys
Glendale Galleria Tower
100 West Broadway, Suite 840
 California 91210-1202
(818) 550-5001
Toll Free: (877) 550-5001
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