Anyone who has witnessed the divorce of a family member or a friend knows it can be an emotionally trying experience. This is especially true when children are involved. Parents want what is best for their children, but often have major differences that may get in the way, especially in a contested divorce matter. It is important that your child faces as little change as possible and that both parents are present in their lives to build strong relationships and provide for their needs.
With the support of our Oakland child custody lawyer, People Law Practice can work hard to devise a fair custody agreement that puts your child’s needs first. We understand what you are facing and will help you settle your custody case with as little stress as possible. We want to take the legal burden off of your shoulders so you can focus on your family.
Contact us now at (415) 849-2278 for answers to your questions regarding child custody.
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During a child custody case, a judge will carefully weigh the many different issues that make up a child’s best interests in terms of their physical, emotional, and mental well-being and development. Neither parent is automatically presumed to be the full custodial guardian of the child and the family law court will instead work to devise a shared custody plan, whenever possible. However, the amount of time spent with each parent will depend on several factors.
To determine a plan that will be appropriate for a child’s best interests, a judge will consider a several factors, including, but not limited to:
- Any changes or adjustments that would have to be made for the child in respect to their living, educational, or communal situation
- The physical, emotional, and mental health of the parents and the child
- The child’s current relationship with each parent
- The child’s current relationship with siblings, grandparents, and other family members
- Each parent’s ability to care for the child
- Each parent’s willingness to help encourage healthy connections between the child and the other parent
- The ability for the parents to cooperate in making decisions
- Any history or indication of past, present, or future neglect, domestic violence, child abuse, spousal abuse, or parental kidnapping
- A history of substance abuse
- The current location and geographic nearness of both of the parents for shared parenting orders
- The child’s preferences, as long as they are old enough to make decisions
Legal vs. Physical Custody
In California, custody plans are divided into legal custody, or the parent responsible for making decisions for the child, and physical custody, or where the child will live. Parents may be awarded joint, where both parents share responsibility, or sole, where one parent has the rights and responsibilities, legal and/or physical custody.
In a sole physical custody arrangement, the non-custodial parent may be awarded visitation, or a “time-share” plan that is either scheduled, supervised, or open-ended. The type of visitation and custody awarded will depend on the unique circumstances of your family, as well as the schedules and circumstances of both parents.
Receive the Legal Support You Need from Our Firm
Going through a divorce is an emotionally draining and sometimes exhausting journey, as well as being a pathway to a new life. Ultimately, the most important part of this process is ensuring your children are cared for and their needs are being met, before, during, and after the divorce process. With the support and guidance of our dedicated Oakland child custody attorney, you do not have to choose between your children’s well-being and having a fresh start after divorce. We provide kindness and empathy throughout the process, seeking a holistic and amicable agreement whenever possible. Our goal is to make the legal process easier on your whole family.
We intentionally charge on the lower end of market rate because we want to be able to help a wide variety of people and help them feel good about their experience working with our firm.
Your experience is important to us. We understand what you're going through and will ensure your voice is heard.
We are a highly intuitive, settlement-focused family law firm. Our intention is to help each client resolve their legal issue with efficiency and as peacefully as possible.
We will first search for an amicable solution. If there is truly no amicable solution, we will provide our clients with a comprehensive account of their legal options and help them create the best case-strategy.