Crestline Child Custody Attorney
Many divorce cases tend to last for years because the parties cannot agree on the best arrangement for their children. Questions such as who gets physical custody, who decides on the child’s future, and how long visitation should be can become key sticking points in the resolution. Unfortunately, these questions are crucial because if a child is placed with the wrong parent—one who cannot guarantee their safety and development—it can affect their well-being in more ways than one.
California understands the impact divorce can have on families, especially children. This is why courts take the time to review each case carefully to determine the best possible arrangement. There are also trusted Crestline child custody lawyers you can contact if you want to understand the best legal action to take in securing an ideal custody arrangement once your divorce is finalized.
TA Law Group is known for its personalized legal services, helping clients with family legal matters, including child custody arrangements. Our lawyers provide the right legal advice and resources while preparing your arguments to claim custody or challenge existing arrangements. We will handle your case carefully to prevent any negative effects on your children and ensure that the final custody agreement allows you to maintain a strong relationship with your child, regardless of who has custody.
Call TA Law Group at (818) 578-4138 for your Free Consultation with a Crestline Child Custody Attorney.
How Child Custody is Determined in California
Under California’s Family Code, both parents have equal rights to custody of their children. They also have the option to discuss how they can arrange custody and visitation rights. A parenting plan will be requested from the parties, and the court will approve it. The courts will generally approve parenting plans as long as they put the child’s best interests first.
However, in cases where parents are getting divorced or one parent is convicted of domestic violence, the courts will abide by a set of laws to determine what is in the child’s best interest and how visitation arrangements should be structured. It is important to note that the court that issued the child custody order will have exclusive jurisdiction over the child’s custody as long as the child and parents reside in the state.
The court may also be given temporary emergency jurisdiction if a child in the state has been abandoned or requires protection from actual or threatened abuse but is not originally from the state. Further provisions in California’s child custody laws grant courts the authority to issue emergency custody orders if a child living in the state is unable to access gender-affirming health care or necessary mental health care.
Our Crestline child custody lawyers are always on standby to explain the intricacies of California’s child custody laws and determine the legal strategy needed to secure custody rights for your children. We can also stand with you to negotiate the parenting plan and fight for custody.
Understanding The Types of Custody in California
There are two types of custody that may be applied to custody cases in California: legal and physical custody. Each type will then be further tweaked as the parents may be given either joint custody or sole custody.
Physical Custody
Physical custody indicates which parent the child will live with and take care of their daily needs. If one parent is given sole physical custody, the child will live with that parent full-time while the other parent is given visitation time. Under a joint physical custody arrangement, the child will spend a set amount of time with each parent.
Legal Custody
Legal custody indicates the rights of the parents to make important decisions in the child’s life and future. Under a sole legal custody arrangement, only one parent is given the right to decide without having to get the consent of the other parent. In a joint legal custody arrangement, both parents have the right to decide for their children’s future.
Courts highly prefer joint legal custody because this allows both parents to be involved in their child’s life. Courts by law will indicate circumstances where both parents must give their consent before a decision can be enacted, as well as the consequences if one parent ignores these circumstances.
You can ask our assigned Crestline child custody lawyer to help you determine the best type of custody to fight for. We can prepare your case and negotiate for your ideal custody arrangement to boost its approval. You can also count on us to guide you through negotiations when determining how decision-making can be done for joint legal custody arrangements.
Factors California Courts Consider in Custody Cases
Whether the courts review a parenting plan made outside their purview or the parents are unable to decide on the arrangement, the court will use several factors to assist in making a decision. Some of these factors include the child’s overall welfare, the time the child spends with either parent, the parent’s history of abuse, and their history of using illegal substances or medication. Courts are prohibited from considering the parents’ sexual orientation, race, immigration status, or gender when determining custody.
In cases where a child has more than two parents, a judge will consider the child’s best interest when deciding custody and visitation arrangements. The child’s need for stability and care will also be considered in these situations. The children themselves may also be asked for their preferences if they show maturity or are at a certain age.
TA Law Group can help you look into the potential factors the court will use to make custody arrangements for your case. If needed, we can help you collect evidence if there are grounds to question the custody arrangement based on the other parent’s criminal background.
How to Enforce Child Custody Orders in California
In cases where one parent violates the custody order and has not heeded your attempts to get them to stop, the other parent can request the court and related agencies to enforce the child custody order. The process begins by filing a contempt of court case against the violating parent, and the parent must provide evidence of the violations committed by the other parent. The court will review the evidence and any witness statements to determine if the violating parent is guilty.
If the violating parent is found guilty of violating the custody order, they may face a lengthy jail sentence, be required to perform community service, and pay administrative fees. The court may also require the guilty parent to cover legal fees and the court’s expenses for enforcing the order. In certain situations, the court may approve a request to modify the custody order if the other parent’s violations are affecting the child’s well-being.
TA Law Group’s Crestline child custody lawyers can immediately act to report any violations committed by the other parent and have the court take action. We can also contest the penalties if you have a valid reason for not upholding the custody agreement.
Modifying a Child Custody Agreement in California
As the child ages and the parents’ circumstances change, the parenting plans set for the child may also need to be adjusted. Fortunately, requesting a child custody agreement modification in California is a straightforward process.
Parents can file a motion for their request, and both must provide a written agreement for the judge to approve it. However, without an agreement, the judge will review the requested modification based on the changes in the child’s or custodial parent’s life and whether it still serves the child’s best interest. Relocation may also affect the judge’s ruling on modifying the child custody agreement, as it could prevent the other parent from visiting the child.
Your assigned Crestline child custody lawyer can assist you in filing the motion to request a modification at any time and negotiate with the other party to obtain their approval. If relocation is the reason for the modification, we can help you inform the other parent and negotiate an updated custody arrangement they can agree to. If the relocation affects your ability to visit your child, we can contest it in court and seek the court’s intervention.
Domestic Violence and Child Custody: What California Parents Need to Know
Since the priority in every child custody arrangement is the child’s well-being and safety, California’s Family Code ensures they will not be placed in a household where domestic violence takes place. Furthermore, the law presumes that it is not in the child’s best interests to be in the physical or legal custody of a parent who has committed domestic violence against them or the rest of the family. The judge may consider giving joint or sole custody if, and only if, they pass strict criteria that indicate they have changed.
Whether or not domestic violence is involved, the court will take each case seriously and take its time to make sure the child is safe with their parents. TA Law Group can help you look into the legal process for your case and request temporary custody while the case is being heard. If you are a parent who has been accused of domestic violence but is innocent of the allegations, our Domestic Violence attorney can help you prove your innocence in court and fight for custody.
Free Consultation
Your child’s life will definitely change once you separate from your spouse or domestic violence has transpired in your home. However, you can prevent the divorce or domestic violence from affecting your child’s life negatively by actively creating a custody agreement that will not just allow your child to thrive in the right environment but also ensure that they still have access to their parents, even if one is no longer living under the same roof.
Whether you are already in talks to sort out custody arrangements for your children or want legal advice, you can contact our Crestline, CA family law firm at any time. Our child custody lawyers can answer all your questions and provide you with the legal assistance you need to secure the perfect custody arrangement for your children.
Call TA Law Group at (818) 578-4138 for your Free Consultation with a Crestline Child Custody Attorney.