Of all the issues that can arise in Family Court, your relationship with your child is the most important. This relationship should be protected, and you should be made aware of your parental rights. This is not only for your benefit, but for the benefit of your child as well.
Contrary to what one might think, mothers and fathers are equal in the eyes of the Family Court when determining child custody. The Family Court is gender blind. In making a child custody order, or in fashioning a parenting schedule, what the Court is concerned about is what is in the child's best interest. It is generally presumed that continuous and frequent contact with both parents is in a child's best interest, and presumably both parents will share in making decisions regarding the child, but how this is all accomplished varies from case to case. A parenting schedule in one case may not work in another. In one case, it may be in a child's best interest to live primarily with his mother, and in another case, it may in a child's best interest to live primarily with his father. Frequently, parents may exercise 50/50 parenting schedules.
Learn what the law has to say and what family law judges may determine in your family's particular situation as you approach divorce or need to settle child custody after an out-of-wedlock birth. Contact the Law Offices of Evan Samuelson, to schedule a consultation.
Evaluating a Child's Best Interests
In addition to having continuous and frequent contact with both parents, there are many other factors the court considers when determining child custody. Other factors a family court may consider are which parent offers the child greater stability, the bond the child has with both parents, the preference of the child as the child gets older and more mature, and any history of child or spousal abuse, for example.
There are no pre-set answers to be applied in most or all families. Each couple, each family and each child has unique considerations related to questions such as the following:
- Where will the child live, go to school, and receive medical care?
- What is a reasonable visitation schedule to allow for frequent contact with the non-residential parent?
- Has one of the parents committed domestic violence against the child, or even the other parent?
We are prepared to guide you through the often emotional process of negotiating a suitable child custody agreement that will take your children's best interests into full account. We will discuss scenarios such as the following:
- Joint physical and legal custody
- Sole physical custody
- Sole legal custody
- Visitation rights
- Parenting plans
- Grandparents' rights
- "Move away" or relocation of the child and residential parent to another state or another part of California
- Post-judgment modifications
- Enforcement of court orders
- Family Court Services Mediation, and Private Custody Mediation
Help in Your Child Custody Matter Is a Phone Call Away
The Law Offices of Evan Samuelson welcome your inquiry regarding child custody or any family law concern such as divorce or domestic violence. We invite you to contact us by phone or e-mail. You can expect a thoughtful, prompt response.
