Fair Oaks Child Custody Attorney
Determining custody arrangements becomes essential when divorcing and sharing a child with your ex-spouse. Divorce significantly impacts children, bringing about lasting changes and straining their relationship with both parents due to reduced time spent together. Failing to establish custody arrangements in advance can negatively affect your child’s emotional and mental well-being, potentially hindering their overall growth.
Fortunately, family courts understand this problem, which is why they consider each child’s best interest when deciding which parent should get custody of the child. If you want to fight for sole custody or joint custody, you need to team up with an experienced Fair Oaks child custody attorney who can guide you through the legal process and provide you with the legal support needed to get the most effective arrangement for you and your child.
Bartholomew & Wasznicky LLP is a top Fair Oaks, CA, family law firm that is known for providing clients with a comprehensive and personalized legal service for any family legal troubles. For child custody cases, our lawyers will not only provide you with the legal advice and resources you need to make key decisions for your case, but we will also fight for your rights as the parent and make sure you have the opportunity to be involved in your child’s life regardless of who has custody of your child.
Seeking guidance in a child custody case? Look no further. Contact Bartholomew & Wasznicky LLP today for a consultation with our experienced child custody attorneys in Fair Oaks. We’ll fight for your parental rights and the best interests of your child. Don’t navigate this complex process alone – call (916) 260-2637 now to schedule your consultation and let us help you secure a favorable outcome.
Determining Child Custody
In California, the court will presume that both parents are entitled to have custody of their children. This will allow the court to evaluate each party without bias and prefer one party over the other.
The court will consider the following factors to see what the child’s best interest is all about:
- The child’s safety, welfare, and health
- The history of abuse of either parent of abuse against the other parent or their child
- The length and nature of the child with both parents
- The history of drug, alcohol, or substance abuse of either parent, if any
- Additional factors that the court may see as important for the custody case
The child may be asked for their opinion if they are at least 14 years old or show the maturity to express their position regarding the custody case. However, if the court sees that it will not be in their best interest, it will award custody to the parent they believe is the right person for the job. A parenting plan will then be created to ensure that each parent knows their level of involvement in their child’s life and when they can spend time with them.
Our Fair Oaks child custody attorney can assist in fighting for your child’s custody and explain the factors the court will use to determine custody based on your circumstances. We will also ensure the parenting plan is done correctly so that each party will follow through with it perfectly.
Nature of Custody
In California, custody is divided into legal and physical custody.
Legal custody pertains to the right of one or both parents to make decisions for their child’s welfare, education, and health. The court may order joint legal custody if they see that the parents can cooperate; one parent will need help in deciding for your child’s well-being and if the child’s best interest will be met if both parents are active in their life. Meanwhile, sole legal custody means one parent has full decision-making power for the child’s well-being, and they don’t need to ask for the other parent’s consent or approval.
Physical custody refers to where the child will reside after the separation or divorce most of the time. The parent with physical custody of the child will be referred to as the “custodial” parent, while the other parent is the “noncustodial” parent and will be granted visitation rights. A judge may rule a joint physical custody arrangement for a child if it benefits the child the most. Under this arrangement, both parents will have equal time to be with the child or close to it. Meanwhile, a sole physical custody arrangement will mean that the child will live with one parent while the other parent will have to schedule visitation rights.
Bartholomew & Wasznicky LLP can fight for your ideal type of custody arrangement and help you prove your capability to keep up with the arrangement. If you are unsure which is best or how the court will determine your child’s custody arrangement, we can assess your situation and explain if the arrangement you want to request works best.
Child Custody and Relocation
No law prohibits a custodial parent from changing their residence or moving away with their child, causing them to lose custody. However, the move should not make it difficult for the noncustodial parent to see their child or affect the child’s best interest.
The moving parent must provide a written notice to the other parent 45 days before the move so the parents can discuss the new parenting plan. A non-moving parent can appeal the proposed relocation if they can prove that the move is not in the child’s best interest.
For these cases, Bartholomew & Wasznicky LLP can help both moving and non-moving parents resolve any complications that will be caused by the relocation in the custody arrangements. If you are the moving parent, we can help you prepare the written notice that will be given to the court and the other parent, as well as explain to you the legal impacts of your move to the existing parenting plan so you can work on a new parenting plan. Meanwhile, if you are a non-moving parent, we can assist you in filing for your opposition.
Domestic Violence and Child Custody
If there are allegations of abuse during a custody arrangement, the court will consider the evidence presented to see if the accusations have merit. This evidence can include law enforcement agency reports, calls to child protective services and medical facilities, previous court orders, and concerns from other public agencies.
If a parent is proven to have committed domestic violence against the other parent, their child, and anyone in the household within the past five years, the court will need to apply for a “rebuttable presumption” or an assumption that the abusive parent should not be granted custody.
An abusive parent can only be allowed to gain custody if:
- They can prove that in their custody, the child’s best interests will be met
- They have done the required batterer’s treatment, dependency programming, and parenting classes set by the court
- They are on probation or parole, and if they have complied with the order
- They are on protective orders, and if they are, have they complied with it
- They have committed additional acts of domestic violence or not
If you have been accused of committing domestic violence or guilty of the act, we at Bartholomew & Wasznicky LLP can help you see your options if you plan to fight for custody. We can also show them that you have followed the requirements that the court orders have placed upon you for your act.
Child Custody Modification
When a custody arrangement is made, it will not be permanent as both the child and the parent may have a change in their circumstance that warrants the change. A parent or both parents can file their modification request to the court alongside the evidence that shows why they are seeking a modification to the custody agreement. The court will then review the new parenting plan that will mirror these changes and approve it if there are no issues with the request.
Our Fair Oaks, CA, family law firm can help you seek changes to your custody arrangement and assist you in adjusting the parenting plan that the other parent can agree to. We will also do our best to make sure that it will not cause problems to your child’s lifestyle. If the other parent has questions, we will gladly represent you in the negotiations so they will approve the changes to the parenting plan.
Child Custody Enforcement
It is not uncommon for some parents to ignore or disrespect the custody arrangement. There are many reasons why they may think that way, from believing that the arrangement puts them at a disadvantage to them thinking that the other parent has not done their part to support their child. When this happens, the affected parent must report the incident to the authorities immediately and file the appropriate case in court. Some of the penalties that the offending parent can face include a change in custody and contempt.
Yours assigned Fair Oaks child custody attorney from our experienced team can mobilize immediately if you will have trouble enforcing the custody order for whatever reason. We will assist in collecting the evidence necessary for the court to decide in your favor and fight for the ideal penalty that the other parent should face. If you are uncertain about the best legal action to take, let us know, and we will review your situation carefully.
Talk To Our Legal Experts Today
Children deserve to live in a safe and welcoming environment, and as parents, we must make sure they get this environment even if you are divorced from their other parent. You should also make sure that no matter who gets custody of the child, they can spend their time with both parents to support their growth.
Bartholomew & Wasznicky LLP is ready to be your legal support to determine the best custody arrangement for your child. If you wish to fight for sole or joint custody, question the other’s custody, or request a change of custody, our legal team will do its best to fight for your interests while still ensuring the custody arrangement will be for your child’s benefit. We will also be happy to provide you with legal resources to understand more about the custody laws in the state so you can make key decisions for the future.
Get the support you need for your child custody case. Contact Bartholomew & Wasznicky LLP in Fair Oaks today. Our experienced attorneys are ready to fight for your rights. Call (916) 260-2637 for a consultation and secure a favorable outcome.