Portola Valley Child Custody Lawyer

Trusted Portola Valley Child Custody Attorney

Child custody and visitation are often some of the hardest and most emotional decisions parents face. Not only are a parent’s legal rights to see their child at jeopardy, but the best interest of the child needs to be considered. If you are facing a divorce or other issues with your co-parent, your first call should be to a Portola Valley child custody lawyer at the Law Offices of Rod Firoozye.

Understanding California’s Child Custody Laws

In California, if you are separated from your co-parent, you need to both decide on a parenting plan, which includes terms for both child custody and visitation. California’s child custody laws are governed by Division 8 of the California Family Code. Under these laws, child custody is defined by two main parts: 

• Legal custody: Which parent makes important decisions for the child’s welfare, such as healthcare and education.
• Physical custody: Which parents the child mainly lives with.

In most cases, a judge from the Superior Court of California, County of San Mateo might grant joint custody and 50/50 time sharing of the child to both parents. However, there are some instances where a judge would instead grant sole custody to one parent in cases of:

• Documented child abuse or neglect
• Domestic abuse
• Failure to follow existing court orders or visitation agreement
• Interstate or international co-parent separation
• Substance abuse
• Relocation or move-away

What a Judge May Consider

There are several factors that a judge may take into consideration when awarding child custody, all of which stem from the best interest of the child regarding:

• Educational opportunities
• Emotional support
• Health
• Home environment
• Location of home from school
• Parental bond
• Safety
• Separation of siblings

Additionally, under Section 3042 of the California Family Code, children ages 14 and over may have a say on which parent they would prefer to mainly live with.

Why Should I Hire a Child Custody Lawyer?

While you aren’t legally required to hire a child custody lawyer in California, it can be extremely difficult to navigate California’s child custody laws and know your rights.

Hiring a Portola Valley child custody attorney for your child custody case provides you with the legal support you need and the peace of mind that knowing your parental rights are being upheld, especially in high-conflict cases. Your child custody lawyer can assist with:

• Correctly filling out and filing all necessary paperwork on time.
• Establishing paternity if needed.
• Gathering evidence to show which parent the child should be with most of the time.
• Managing complex child custody issues, such as relocation or abuse allegations.
• Negotiating child visitation rights, including supervised visitation, and assisting with setting up a schedule.
• Representing the best interests of your child during negotiations and mediation.
• Protecting your parental rights in the courtroom if necessary.
• Securing temporary emergency orders in cases of child or domestic abuse.
• Taking legal action if a parent violates any child custody or visitation orders.

FAQs

How Much Does a Child Custody Lawyer Cost in California?

How much a child custody lawyer in California costs depends on your specific case and its complexity. For example, a child custody case where the parents are amicable and in agreement on how custody and visitation should be handled will generally take less time than a more complex case involving international child custody or abuse allegations.

Once your Portola Valley child custody lawyer hears the particulars of your case, they’ll be able to provide you with a cost estimate.

Can Child Custody and Visitation Arrangements be Changed After a Court Order Is Issued in California?

Yes, child custody and visitation arrangements can be changed after they are issued through a court order. However, to do so, there must be a large enough change in a parent’s circumstances, such as relocation or a major change in their work schedule, to merit these arrangements to be changed. If at any time you and your co-parent wish to change your child custody and visitation orders, your Portola Valley child custody attorney can walk you through the process.

Are There Different Rules for Child Custody Among Same-Sex Parents in California?

No, California currently does not have any different rules for child custody among same-sex parents. The judge always makes decisions in the best interest of the child. However, it’s wise for both parents to be on the child’s birth certificate or for the parents to sign a Voluntary Declaration of Parentage (VDOP), which is a legal document affirming the legal parents of the child, in case of any conflict during child custody cases.

Does My Child Custody Case in California Have to Go to Court?

No, your child custody case in California does not necessarily have to go to court. Depending on the specifics of your case and your relationship with your co-parent, your Portola Valley child custody lawyer may suggest trying other options first, such as mediation outside of the courtroom. However, if there are any disputes between you and your co-parent that can’t be resolved through mediation, then a custody hearing before a judge may be necessary.

Schedule Your Consultation With a Portola Valley Child Custody Lawyer Today

In today’s world, shared parenting is not uncommon, with about 25% of parenting in the U.S. being shared parenting. And studies show that children in shared physical custody arrangements tend to do better emotionally, behaviorally, physically, and educationally than those in a sole physical custody arrangement. This is why it’s vital to hire a child custody lawyer who can defend your parenting rights and help you remain in your child’s life.

Since 1996, the Law Offices of Rod Firoozye have been assisting Bay Area parents just like you with their legal child custody and visitation issues. Our attorneys have the knowledge and experience necessary to tackle any child custody case, no matter its complexity. We can be at your side the entire way, providing you with the compassionate support you need to get through what can be a very trying and emotional time.

Contact our office today for more information on how we can help with your child custody case.

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