Saratoga Child Custody Lawyer

Saratoga Child Custody Attorney

When parents separate, they must come to an agreement on child custody arrangements. The agreement must include stipulations regarding both legal and physical custody. If the parents can’t agree, the courts will step in to decide the matter based on the child’s best interests. Before that happens, you should find a Saratoga child custody lawyer who can represent you.

Trust the Law Offices of Rod Firoozye

The team here at the Law Offices of Rod Firoozye has handled countless child custody cases. We’ve supported parents through all sorts of challenging custody battles, using our deep knowledge of child custody laws to make sure their rights are protected. We can do the same for you.

Hire a Child Custody Lawyer

While California courts tend to favor a 50/50 split when determining child custody arrangements, it’s far from a given. On average, fathers only spend 32.8% of the time with their children, or about 120 days per year. In Santa Clara County, children live exclusively with their mothers 16.2% of the time. Only 5.8% of households have only a father present.

If you’re the father of a Californian child, it should be clear why you need legal representation. However, it’s just as important for mothers to seek the help of a Saratoga child custody attorney. California does not discriminate based on gender when determining who gets custody of children. The only concern is what’s in the child’s best interests. Having a lawyer lets you make sure the courts are getting this imperative right.

Types of Custody in California

There are two types of child custody in California:

• Legal custody. Legal custody can be held solely by one parent or jointly by both. It refers to the right to make significant decisions about a child’s welfare, including issues such as schooling, religion, and health.
• Physical custody. Physical custody refers to where a child lives. As with legal custody, it can be held solely by one parent or jointly by both. California tends to assign joint custody arrangements unless there is a compelling reason to assign sole custody.

California Parenting Plans

California’s child custody procedure centers around a parenting plan, typically submitted to the Santa Clara County Superior Court. This plan can be created by the parents themselves, with the help of their lawyers, or by the court. It provides details about the custody arrangement and how it supports the child’s well-being. Custody evaluations may be required to provide the court with a more comprehensive idea of the family’s underlying dynamics as well.

Factors That Influence Court-Appointed Child Custody Arrangements

When deciding who should have custody of a child, the court’s only concern is what’s in the child’s best interests. However, the court considers multiple factors when determining those interests. These include:

• The child’s age
• The child’s health
• Emotional ties between parents and the child
• Each parent’s ability to provide emotional, physical, and financial care
• Any history of violence
• Any history of substance abuse
• The child’s ties to home, school, and the community

If the child is of sufficient age, they may also have a say in how physical custody gets assigned.

When Do Courts Award Third-Party Custody?

It’s rare for courts to assign third-party custody of a child. This situation only comes up when the court determines that it would be harmful to the child, physically or emotionally, to appoint custody to either parent.

Courts only award third-party custody to people who ask for custody based on the parents’ inability to care for the child. If it’s deemed in the child’s best interests, this guardian can then be awarded both physical and legal custody. Grandparents are commonly awarded third-party custody of children who can’t be cared for by either parent, but other family members, or even family friends, can also step in to request custody.

FAQs

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is not putting the child’s best interests first. You should never allow anger or personal conflict to overshadow your child’s needs. Avoid actions like:

• Keeping your child from the other parent
• Speaking negatively about them to undermine their relationship
• Failing to cooperate in parenting decisions

They all look bad to the court.

What Rights Do Fathers Have in California for Child Custody?

In California, fathers have the same rights as mothers for child custody. The Golden State has laws in place prohibiting gender-based discrimination when assigning custody and visitation rights, so fathers have an equal right to seek sole or joint physical and legal custody. Paternity must be established before these rights can be exercised.

Can a Mother Keep a Child From a Father Without a Court Order?

A mother generally cannot keep a child from a father without a court order in California. Both parents have equal rights to custody and visitation unless the court rules otherwise. If a mother wants to prevent her child from seeing their father, she must establish that it’s in the child’s best interests to do so, as would be the case if domestic violence becomes an issue.

Is California a 50/50 Custody State?

California is not automatically a 50/50 custody state. However, it does strongly favor joint custody arrangements. The courts often aim for a 50/50 time split if they deem it to be in the child’s best interests; however, custody decisions are made exclusively based on what’s good for the child.

Your Saratoga Child Custody Lawyer

If you’re facing a child custody battle with your current or ex-partner, you need a Saratoga child custody lawyer who can provide comprehensive legal support to safeguard your and your child’s interests. The Law Offices of Rod Firoozye have been practicing family law for decades. During that time, we’ve handled all sorts of child custody cases. We can help you protect your parental rights and the best interests of your children, too. Contact us to schedule an initial consultation today.