Los Angeles And Bay Area Child Custody Lawyers Creating Child Custody Arrangements That Work

Reaching a child custody arrangement is often one of the toughest parts of divorce. Even when both parents are focused on the children’s best interests, heightened emotions can make communication more difficult.

At Family Law Group, Inc., we help our clients make effective child custody decisions that are in the best interests of their children. Our law firm serves individuals and families throughout LA and the Bay Area from offices in Livermore and Redondo Beach. We will work with you and your child’s other parent to negotiate a fair parenting plan that puts your child first.

Child custody arrangements can have a substantial impact on other family law matters such as child support and spousal support. This is why it is imperative to seek experienced legal counsel. Our attorneys are committed to achieving our clients’ goals in an efficient and cost-effective manner.

Custody Mediation And Counseling

Custody mediation, now called custody counseling, is required for contested child custody matters prior to a court hearing in many California counties. Some counties allow an attorney to accompany you to custody counseling. If this is the case in your county, we will be by your side throughout the process. If not, we will thoroughly prepare you for these meetings.

When the proceedings are finished, a mediator will make a written recommendation to the court regarding the child’s custody arrangement, which can be upheld or argued. Our experience interacting with the various counties and custody counselors can provide you with important feedback and guidance both prior to and after the meetings.

For additional information about child custody in California, please review our custody FAQs.

What Do California Courts Consider In Child Custody Decisions?

In California, judges make child custody decisions based on one main idea: what is best for the child. This idea helps judges choose arrangements that keep the child healthy, safe and well. When deciding what is “best for the child,” judges usually look at several important things:

Health And Safety

The court cares most about the child’s health and safety. Judges check for any past physical, emotional or sexual abuse. They also look for neglect or drug and alcohol problems from either parent. Proof of domestic violence often leads to court orders that protect the child and require supervision for visits.

Emotional Ties

Judges think about the strong feelings and connection between the child and each parent. They see which parent has always met the child’s emotional needs, offered comfort and built a loving relationship. The court might also listen to what the child wants, depending on how old and mature they are. Judges also consider how separating from brothers or sisters might affect the child.

Stability And Continuity

Courts try to keep a child’s life as normal as possible. They find out which parent has usually taken care of the child, handling daily routines, school, and after-school activities. An important question is if the child can stay in their current home, school, and neighborhood. This helps them keep their routines, do well in school and stay connected with friends. Big changes can hurt a child, so courts prefer plans that offer a steady, predictable life.

Co-Parenting Ability

California law wants children to have regular and ongoing contact with both parents. So, courts prefer the parent who will most likely help and encourage the child’s relationship with the other parent. The court will look favorably on the parent who shows they can work with the other parent respectfully and talk clearly, and who will not limit the other parent’s time or relationship with the child. On the other hand, trying to turn the child against the other parent can hurt your custody case.

The Child’s Wishes

A child’s preference alone does not decide custody, but California courts may consider it. This is especially true if the child is old and mature enough. No specific age automatically means the court will follow a child’s preference. Instead, judges figure out if the child can think clearly, understand what their choice means and express their wishes on their own, without a parent telling them what to say.

The Types Of Custody In California

California law distinguishes between two main types of custody, which can be awarded jointly or solely. Understanding these distinctions is crucial, as the specific combination of legal and physical custody directly impacts parental rights and responsibilities. It also shapes the child’s daily life and future.

Legal Custody

Legal custody is the right and responsibility to make major decisions concerning the child’s upbringing. These crucial areas include:

• Health care: Choosing doctors, dentists, therapists, deciding on medical treatments, vaccinations and mental health services.
• Education: Selecting schools (public, private or homeschooling) and making decisions about tutoring, special education programs, and extracurricular activities.
• Religion: Determining the child’s religious upbringing, including attendance at religious services or instruction.

Joint legal custody is the most common arrangement, where both parents share the right and responsibility to make these major decisions. They are expected to consult and agree on significant issues.

In certain cases, a judge may award sole legal custody, which gives one parent full authority to make key decisions about a child’s medical care, schooling and overall well-being. This outcome is more likely when the other parent cannot safely or consistently parent. This could be due to serious safety concerns, prolonged absence or extreme circumstances such as significant domestic violence or conduct that harms the child’s relationship with the other parent.

Physical Custody

This refers to where the child actually lives and which parent is responsible for their day-to-day care.

In joint physical custody, the child spends time in the homes of both parents. Common schedules might include alternating weeks, a 2-2-3 rotation or alternating weekends with mid-week visits. This arrangement requires a high degree of cooperation and geographical proximity.

In sole physical custody, the child lives with one parent, called the custodial parent. In this arrangement, the other may have scheduled visitation to spend time with their child. This is often seen when parents live far apart, or one parent’s schedule or living situation is less stable. Even if a parent has sole physical custody, they may still share decision-making with the other parent.

Child Custody Dispute (During Divorce Or Paternity)

Custody disputes often arise during the initial divorce or paternity case when parents cannot agree on a parenting plan. This frequently necessitates mediation or, if that fails, a court-ordered evaluation.

A common flashpoint for high-income families is when one parent attempts to change the “status quo” mid-case. This may occur, for example, if one parent pulls their child out of their school or alters their established routine without mutual consent. Busy executive schedules can also trigger conflict over “right of first refusal” terms – whether a parent must call the other parent to babysit before engaging another babysitter.

If mediation proves unsuccessful, the court may appoint a mental health professional to conduct an intensive investigation. This evaluator will typically interview parents, children, teachers and doctors; may perform psychological testing; and will conduct home visits to assess the environment.

These common points of contention highlight why clear, legally sound parenting plans are essential. Unfortunately, when disputes arise, they may require skilled negotiation or judicial intervention to resolve. Our attorneys can help you resolve disputes and reach an arrangement that supports your rights and your connection to your child.

Child Custody Enforcement And Modification

To change an existing order, the requesting parent must usually demonstrate a significant change in circumstances. Examples include the child’s needs changing significantly due to special educational requirements, health issues or other challenges, a parent relocating a substantial distance or the current living environment becoming unsafe or detrimental to the child’s well-being. In these situations, we help parents modify their orders to fit their new circumstances.

If a child’s other parent is not following an existing custody or parenting-time order, we can help you take practical, legally supported steps to enforce it. Our attorneys have extensive experience assisting parents in child custody enforcement proceedings – whether you’re seeking to compel compliance or you’ve been accused of violating an order. No matter which side you’re on, we provide clear guidance on your options, help you document what’s happening, and advocate for solutions that protect your child’s best interests.

Call Our Attorneys For Skilled Guidance

We welcome the opportunity to meet with you personally to discuss your situation and answer any questions you may have. Please call our child custody attorneys at 925-344-3524 (Livermore) or 310-868-6906 (Redondo Beach). Or, contact us online to arrange a consultation.