Divorce can be hectic and overwhelming for everyone, especially when children are involved.
If you are going through a child custody case in California, experienced attorneys at The Alkam Law Offices can help you by providing information about your rights as a parent and aggressively representing you through the legal proceedings.
Whether you are trying to gain custody or need help with visitation, we can help you.
Request Your Consultation with one of our Experienced Attorneys: +1 (714) 491-2556
Contact the Attorneys at Alkam Law Offices today to discuss your options.
What Needs to Be Done in a Child Custody Case?
The first step taken by our California child custody lawyers is to conduct an initial consultation with the client. During this meeting, we review the facts and circumstances of the case. We then give you our best advice on proceeding with your issue. We will provide information on child custody law in California, as well as representation if necessary.
Once we have determined that we can help, we will draft a letter summarizing all of the relevant facts of your case. This letter is then sent to the other party’s attorney, who will have 14 days to respond. After receiving that response, we may take steps to move forward with your case. We work hard for our clients and make a no-fee promise to all new clients.
What Does Shared Legal and Physical Custody Mean?
When both parents are awarded legal and physical child custody in California, it is referred to as shared legal and physical custody. This type of situation is where both parents are deemed fit to have the rights and responsibilities for raising their children.
Some examples of these rights include making decisions about schooling, health care, religion, or other specific matters. However, any kind of decision requires agreement from both parents.
In most cases, joint physical and legal custody requires the child to spend at least 35% of their time with each parent in one week. This calculation is based on a calendar week, which means that the child spends seven days with each parent consecutively. However, if there are extenuating circumstances, the judge has the ability to adjust this percentage.
Because both parents are involved in making decisions for their children, it is important for each parent to be able to communicate effectively with one another.
If you are interested in gaining physical or legal child custody in California, contact our firm at +1 (714) 491-2556. We are happy to assist you with your legal matter.
Is California a Mother or Father State?
In California, no preference is given to the mother or father in any child custody legal proceedings. However, some rules must be followed when determining custody arrangements. These include:
- The best interests of the child
- The mental and physical health of all involved.
- The love, affection, and other emotional ties between the child and relevant persons, as well as other facts, may impact the child’s well-being.
- The past patterns of behavior engaged in by the parent as well as their ability to provide for the needs of the child.
- The ability of the parent to be able to provide a stable and consistent home for their child.
- The child’s wishes (if they are old enough).
California law does not require that both parents share equal time with their children, nor does it suggest that the children should spend half of their time in each parent’s home. This is based on the idea that the best interests of the child are most important, and factors such as distance, parents’ working hours, and other issues must be taken into consideration when making legal custody decisions in California.
How is Joint Custody Determined?
Child support in California is determined using a complicated, statutory formula.
Before joint custody can even be considered, the court must determine whether or not this is in the best interests of the child. After the decision has been made, joint legal and physical custody will be awarded. To file for joint custody, both parents must have been actively involved in caring for the child before they filed for this type of case.
The judge will consider the following factors:
- The relationship between all parties and their ability to communicate with one another.
- Whether or not there is a history of domestic violence or child abuse.
- Whether or not there are restraining orders involved in the case.
- The geographical proximity of each parent to one another, as well as the daily activities of the parents and their schedules.
What Is a Geographic Restriction?
Geographic restrictions are guidelines that determine how close the parties must live to remain eligible for physical and/or legal custody. These distances vary depending on your circumstances and can be changed if needed. To understand what these restrictions might be for your case, consult our California child custody lawyers.
How Can Legal Help Assist Me With My Child Custody Case?
Our lawyers can provide representation for any California parent needing assistance with child custody. We can help you file for a modification order if your circumstances have changed since the original court decision was filed.
We also represent women and men who need to establish paternity or seek support from an ex-spouse. If you are looking for legal representation in these matters, please contact our firm at +1 (714) 491-2556.