Child Custody Attorney in California

If you are having child custody or visitation issues, call the Ortiz Law Group, P.C. today to discuss your best legal strategy. We have over 25 years of experience dealing with legal matters throughout the State of California. Contact an experienced child custody attorney today.

HOW OUR EXPERIENCED CALIFORNIA CHILD CUSTODY AND FAMILY LAW LAWYERS WILL HELP YOU IN A CHILD CUSTODY BATTLE

In a child custody battle, it's important that we present you to the court in the best possible light. The Ortiz Law Group, P.C. wants the court to see that you ar a caring, dedicated, parenting that puts your child's best interest above all else.

We are also prepared to aggressively investigate any allegations being made against you, or your children's other parent which may cast doubt on their ability to parent your children.

Like you, the court only cares about the safety and well-being of your children. Our child custody attorneys have over 25 years helping families achieve the best possible outcome. Hire an experienced family law and child custody attorney.

CHILD CUSTODY OVERVIEW IN CALIFORNIA

Child custody refers to the care, control, and financial support of a minor child. Under California Family Code section 3020, the court is primarily concerned with ensuring the child's safety, welfare, and health when making a determination.

This section of the family code further states that it is public policy that children have "frequent and continuing contact with both parents" after the parents separate unless it would not be in the child's best interest. The factors the court considers when applying the best interest of the child standard, discuss in more depth below, can be found in Family Code section 3011.

There are two types of child custody: Legal and Physical.

PHYSICAL CUSTODY

A physical custody stipulation or judgment determines what percentage of time the child will live with each parent. The percentage of time a child lives with each parent will depend on many factors such as:

• Where the child goes to school,
• How much each parent has to dedicate to the child, and
• Any other factors the court deems relevant to the determination

There are two types of physical custody determinations the court can make:

• Joint: In this arrangement, the child will live with each parent. The court will use the criteria set forth above when determining the timeshare.
• Sole: In some instances, the court may decide to aware sole physical custody to one parent (See Family Code section 3007). This may happen for many different reasons. For example, it may simply make more sense for the child to live exclusively with one parent because the other parent travels a lot or lives far away. Alternatively, the court may choose this option if there is evidence of abuse or drug use. The parent with physical custody is known as the "custodial" parent, whereas, the other is the "non-custodial" parent.

LEGAL CUSTODY

Legal custody means the right to make major decisions about the child's:

• Education,
• Health,
• Religious upbringing, and
• More...

For example, a parent with legal custody will be able to determine where a child goes to school, what sports and recreational activities a child will engage in, and whether a child will receive religious instructions or attend religious services. The two types of legal custody are as follows:

• Joint: This arrangement allows for both parents to make decisions regarding the child's life. A parent's physical location is less relevant when determining legal custody, as decisions regarding a child's welfare and education can be made from afar.
• Sole Legal: According to Family Code section 3006, sole legal custody means that "one parent shall have the right and the responsibility to make the decisions relating to health, education, and welfare of a child." There are many different situations which the court feel may call for a parent not being awarded legal custody.

BEST INTEREST OF CHILD STANDARD

Under Family Code section 3080, there is a presumption that joint custody is in the best interest of the child.

If either parent challenges this presumption, the court will hold a hearing to decide based on the "best interest of the child" standard. The court will consider the relevant factors outlined in Family Code section 3011. Some of the factors the court shall consider are:

• Health, safety, and welfare of the child.
• Any history of physical or sexual abuse.
• Nature and amount of contact with both parents.
• Habitual or continued use of illegal drugs.
• And more...

The standard is " elusive guideline that belies rigid definition." Its purpose is to maximize a child's opportunity to develop into a stable, well-adjusted adult. (Adoption of Matthew B. (1991) 232 1239, 1263, 284 CR 18.). How your case is presented and how the court perceives you is critical. Therefore, it is wise to make sure you have a skilled child custody attorney with a proven track record fighting for you.

ADDITIONAL CHILD CUSTODY CONSIDERATIONS

If you make the decision to settle your child custody matter, make sure you are comfortable with the arrangement. With a final child custody order, often times to modify it will require a change in circumstances. 

The Ortiz Law Group, P.C. has extensive experience handling all family law matters. This includes, but is not limited to:

• Complex child custody matters.
• Move-away cases.
• Visitation.
• Family Code section 3111 evaluations.
• Evidence Code section 730 evaluations.
• Drafting a parenting plan.
• Uncontested agreements between parents.
• Mediation.
• And much more...

It is very important that you speak with a child custody lawyer prior to making decisions that can have long term affects on yourself and your child or children.

CONTACT OUR BAY AREA, SACRAMENTO, PLACER, EL DORADO, AND SAN DIEGO CHILD CUSTODY LAW FIRM TODAY

If you are having a dispute regarding child custody of your child(ren), call the Ortiz Law Group, P.C. today for a free consultation. Let our experienced child custody attorneys assess your situation and come up with a strategy to help you and your children succeed.