Los Angeles Child Custody Attorney

Skilled Custody Representation in California

If you are a parent who is going through a divorce and needs help getting custody of your children, or are trying to take action against the other parent because they are disregarding previous custody arrangements, a child custody attorney in Los Angeles at Claery & Hammond, LLP can help you. Founding partner Lance Claery and attorney Eli Hammond are experienced in child custody laws and family law, and frequently handle cases involving custody disputes. Our attorneys are well-versed in California's legal framework concerning custody matters and are committed to achieving favorable outcomes for our clients while prioritizing their children's well-being.

What Are the Differences Between Joint & Sole Custody?

When two parents cannot come to an agreement about child custody on their own, it will be up to the courts to decide the terms of the child custody arrangement. The court will consider many factors when determining child custody, and the judge will always seek to rule in the best interests of the child. Understanding the nuances of joint versus sole custody can be essential for parents aiming to make informed decisions. Joint custody allows both parents to actively participate in their child's life, often requiring communication and collaboration to be successful. Sole custody, on the other hand, centralizes decision-making with one parent, which might be preferred in cases where cooperation is challenging or where one parent's involvement is deemed not in the child's best interests.

Going through a child custody dispute? Schedule your free consultation with Claery & Hammond, LLP today - contact our Los Angeles child custody attorneys by calling (310) 817-6904 today!

Types of Custody Orders in Los Angeles

Child custody in California refers to the legal and physical rights and responsibilities that parents have concerning their children after a divorce or separation. In the state of California, child custody is determined based on the best interests of the child. The court aims to ensure that the child's health, safety, and welfare are prioritized in any custody decision.

There are two main types of child custody in California:

• Legal Custody: This involves the right to make decisions about the child's upbringing, including matters related to education, healthcare, and religious upbringing. Legal custody can be joint, where both parents share decision-making responsibilities, or sole, where one parent has the authority to make decisions without consulting the other.
• Physical Custody: This pertains to where the child will live on a day-to-day basis. Physical custody can be joint, with the child spending significant time with both parents, or sole, where the child primarily resides with one parent, and the other parent may have visitation rights.

Sole Custody Orders

• Exclusive Custody: This term encompasses both physical and legal custody, meaning one parent has the primary responsibility for the child, while the other parent may have limited or no rights regarding the child's upbringing.
• Sole Physical Custody: In this arrangement, one parent is granted the exclusive right to have the child live with them, while the other parent may have visitation rights. The parent with sole physical custody is the custodial parent, and the other is the noncustodial parent.
• Sole Legal Custody: This type of custody grants one parent the exclusive right to make decisions about the child's upbringing, such as education, healthcare, and religion. The noncustodial parent may still have visitation rights.

Joint Custody Orders

• Pure Joint Custody: This is a less common form of custody where both parents share equal responsibility for both the physical and legal well-being of the child. The child spends an equal amount of time with each parent, and both parents have an equal say in decision-making.
• Joint Legal Custody: In joint legal custody, both parents share the responsibility for making decisions about the child's upbringing, even if the child lives primarily with one parent. It does not necessarily mean equal time-sharing of physical custody.
• Joint Physical Custody: In this arrangement, the child spends a significant amount of time living with both parents. Joint physical custody does not necessarily mean an equal 50/50 split, but rather a substantial amount of time with each parent.
• Divided or "Split" Custody: This arrangement involves dividing siblings between parents. For example, one parent may have sole physical and legal custody of one child, while the other parent has sole physical and legal custody of another child. This arrangement is generally avoided unless it is in the best interests of all the children involved.

How Does the Court Determine Child Custody?

In California, when determining child custody, the court prioritizes the best interests of the child. The court considers a variety of factors to make decisions that will promote the child's health, safety, and overall well-being.

The common considerations include:

• Health and Safety of the Child: The court assesses each parent's ability to provide a safe and stable environment for the child. This includes factors such as the cleanliness and safety of the home, any history of abuse or neglect, and the ability to meet the child's basic needs.
• Emotional Bond with Each Parent: The court looks at the emotional ties and bonds between each parent and the child. Factors such as the child's age, attachment to each parent, and the ability of each parent to foster a positive relationship with the child are considered.
• Stability and Continuity: The court considers the importance of maintaining stability and continuity in the child's life. This includes the child's current living situation, school, and community ties. Disrupting established routines may be weighed against the potential benefits of a custody arrangement.
• Willingness to Promote a Healthy Relationship with the Other Parent: The court looks at each parent's willingness and ability to facilitate and encourage a positive relationship between the child and the other parent. This involves supporting the child's relationship with both parents, unless there are circumstances that indicate it would not be in the child's best interests.
• Each Parent's Capacity to Provide for the Child's Needs: The court considers the financial and emotional ability of each parent to provide for the child's physical, educational, and emotional needs. This includes factors such as employment stability, income, and the ability to create a nurturing environment.
• History of Substance Abuse or Domestic Violence: Any history of substance abuse, domestic violence, or other criminal activities may be considered by the court. The safety of the child is a paramount concern, and a history of violence or substance abuse can significantly impact custody decisions.
• The Child's Wishes (if age-appropriate): In some cases, the court may consider the child's preferences, especially if the child is of sufficient age and maturity to express their own desires. The weight given to the child's preferences depends on the circumstances and the child's age.

When weighing the possible options, take into account the phase of life the children are currently in. Consider their age, personality, interests, and social circles. It may be important also to consider the child's personal input. Although some children may feel uncomfortable sharing their opinion on the matter, it is not necessary that they give a preference.

In many instances, understanding the underlying dynamics of the family relationship can aid in determining the most favorable custody arrangement. Courts may also look into how parents have managed responsibilities and roles traditionally within the household. Exploring options such as mediation can sometimes provide a less adversarial route and foster cooperative co-parenting arrangements.

Even so, it is good for children to know that they can have a say in the matter. During this time, it is important to remind the children of how much they are loved and to let them know how significant they are even in the process of divorce. If the parents cannot agree, then a judge will decide.

Contact our Los Angeles child custody lawyers by calling (310) 817-6904 today!

Understanding Visitation Rights & Schedules in Los Angeles

Visitation rights in Los Angeles are often granted to ensure that a non-custodial parent maintains a meaningful relationship with their child. These rights are structured around a schedule that may include weekends, holidays, and extended time during school vacations. Courts in Los Angeles strive to create visitation arrangements that reflect the child's best interests, balancing time spent with each parent while considering logistical issues such as school and extracurricular activities.

It's crucial to develop a visitation schedule that aligns with both parents' work commitments and personal lives while ensuring that the child's needs are met. In some cases, visitation can be supervised, especially where there might be concerns about a child's safety or the parental relationship. Tools and resources available in Los Angeles, such as parenting classes or mediation services, can assist parents in creating a workable schedule. Mediators can help resolve disputes amicably and foster a cooperative parenting environment.

Mediation & Alternative Dispute Resolution for Custody Conflicts

Mediation is a powerful tool for resolving custody disputes outside the courtroom in Los Angeles. This process involves a neutral third-party mediator who facilitates discussions between parents to help reach a mutually agreeable custody arrangement. Mediation can be especially beneficial as it is generally quicker and less adversarial than traditional litigation, and it often leads to more satisfactory outcomes for all parties involved.

Average mediation sessions in Los Angeles may last several hours, depending on the complexity of the custody issues at hand. Parents can discuss their concerns and expectations openly in a confidential setting. By focusing on communication and compromise, mediation can preserve relationships and reduce emotional stress for children involved. Los Angeles offers several community-based mediation services, emphasizing the commitment to family-centered resolutions.

Frequently Asked Questions About Child Custody

Can parents decide on child custody?

If the parents are on friendly terms and they can come up with a child custody agreement, they can usually create their own arrangement, but a judge will have to look it over before it is made into an official court order. Parents aiming for this route may benefit from drafting a comprehensive parenting plan that outlines agreements regarding schedules, communication, and decision-making processes.

What if we can’t agree on custody?

If the parents cannot agree on a child custody arrangement, the judge will have to decide for them based on the best interests of the child doctrine. In this situation, the judge will consider a number of factors, such as the parents’ wishes, the child’s wishes, each parent’s financial ability to support their child, any history of domestic violence, etc. Parents are encouraged to prepare fully for legal proceedings by gathering relevant documents and evidence that support their case.

Can a parent’s mental illness impact child custody?

It is possible, but it’s not absolute. If a parent has a severe mental illness that affects their ability to take care of their children, it can present a problem. On the other hand, if the parent is receiving treatment and under the care of a doctor, and the mental illness is not affecting their parenting abilities, it may not be an issue at all. Mental health evaluations may be requested by the court to better understand the impact on parenting capabilities.

At what age can a child choose which parent to live with?

It is a common misconception that once children reach the age of 12, 13, or 14, they can choose which parent to live with, but this just isn’t the case. Only a judge has the power to make custody decisions. However, judges are interested in hearing about children’s preferences, even if they are younger than 12 years old. While a child's input is considered, the ultimate decision lies with the court, ensuring all factors align with the child's best interests.

Judges will definitely give more weight to the wishes of a mature child, or an older child, but at the same time judges are aware that children are easily influenced by adults, so they must evaluate the whole situation, not just the child’s wishes, before making a decision about custody.

Is it okay to move out if I want to fight for custody?

You may feel like living under the same roof as your spouse has become unbearable, but if you want to fight for custody and you foresee a child custody battle, you should NOT move out of the family home until you: 1) seek an attorney’s advice, and 2) have secured temporary child custody orders in place before you even think of packing your bags.

Why? Because, if you’re arguing that you’re the “better” parent, moving out sends a powerful message to the court that your spouse is suitable by your standards to care for your children most of the time. Plus, once you have a status quo established, it can be difficult to change it. Remaining in the family home can strengthen your position as an active and reliable caregiver, provided the environment supports your child's best interests.

Can a parent lose custody because of an affair?

Unless the parent did something extremely neglectful, like leave their seven-year-old home alone so they could go out with their paramour, this is highly unlikely. In most California divorce cases, cheating will not usually impact child custody unless it directly affected the children’s safety, physical or emotional well-being. The focus remains on parenting ability rather than personal indiscretions that do not impact the children's welfare.

Can I ask for joint custody?

The first place to start is to run it by your spouse. If he or she is on board, you can create a Parenting Plan that involves a joint custody arrangement. If your spouse is fighting you on this, you can certainly ask the court for joint custody, even if you’re a father or have spent less time raising the kids. Courts often view joint custody favorably as it allows both parents to contribute actively to their child's life.

As a general rule, the courts lean toward joint custody arrangements because they benefit children the most. This arrangement works best when parents can live close to each other so school pick-ups and drop-offs are convenient.

Note: If joint custody is ordered, it does not necessarily mean that no child support will be paid. Typically, the parent who earns more still may have to pay some child support to the lower-earning parent. They may also have to pay for health insurance and a portion of the job-related childcare expenses.

What if a parent is abusing a child?

If a parent has been convicted of domestic violence, it can definitely impact child custody. An abusive parent may be ordered to move out of the family home, pay child support, and only see their children during supervised visits. If the abuse was sexual, or if the abuse was severe, the abusive parent could lose their parental rights.

However, not all abusive parents lose their parental rights. Sometimes, they are awarded unsupervised parenting time after they follow the court’s orders; for example, they complete a one-year batterer’s intervention program, they follow the conditions in their domestic violence restraining order, they follow the terms of their probation or parole, and they complete substance abuse classes (if court-ordered). In such situations, courts focus on rehabilitation and the potential to change, yet remain vigilant about the child's wellbeing.

How does relocation affect child custody in Los Angeles?

Relocation can significantly impact child custody decisions, particularly in Los Angeles where the demands of urban life might necessitate moves for employment or personal reasons. A custodial parent seeking to relocate must typically file a request with the court, explaining how the move would benefit the child's interests. This process involves a comprehensive review of factors such as the distance of the move, the impact on the child's education and social life, and how the relationship with the non-custodial parent will be maintained.

A key consideration is ensuring that the move does not detract from the child's quality of life or the ability of the other parent to maintain a relationship with the child. Open communication and proactive planning are essential to facilitate transitions smoothly. In some cases, the court may not permit relocation if it's determined that the move would be opposed to the best interests of the child. Resources such as legal counsel from Claery & Hammond, LLP can be invaluable in navigating the complexities of relocation requests.

What types of evidence are crucial for custody hearings?

Evidence plays a crucial role in custody hearings and can significantly influence the court's decision. Parents involved in custody disputes should consider gathering documentation such as school records, medical reports, and financial statements that illustrate their ability to provide for the child's needs. Furthermore, maintaining a detailed log of interactions with the child and the other parent, including visitation times and significant events, can provide compelling insight into parenting dynamics.

Witness testimonies, such as those from teachers, neighbors, or family friends, can also be pivotal in establishing the nature of the parent-child relationship. Photographs or videos depicting nurturing interactions may serve as additional support. Effective preparation involves compiling a comprehensive portfolio that reflects the parent's involvement in the child's life. Claery & Hammond, LLP can guide clients through gathering appropriate evidence and presenting it effectively, thereby enhancing their position during custody proceedings.

Protect Your Child's Best Interests with an Experienced Child Custody Attorney

When it comes to child custody matters, it's crucial to have a knowledgeable and compassionate custody lawyer on your side to ensure that your child's best interests are protected. Our team at Claery & Hammond, LLP has years of experience in handling complex child custody cases in Los Angeles and can provide you with the guidance and support you need during this challenging time. Having the right legal advocate can make a significant difference in navigating the emotional and legal intricacies of the process.

Our dedicated child custody attorneys can assist you with:

• Developing a strong custody strategy tailored to your unique situation
• Negotiating custody agreements with the other parent
• Representing you in court proceedings if necessary
• Ensuring that your parental rights are upheld
• Advocating for the well-being of your child

Don't navigate the complexities of child custody law alone. Contact us today to schedule a consultation and learn how we can help you protect your relationship with your child.

Get in Touch with Claery & Hammond, LLP Today

We understand this is a sensitive situation that could greatly affect your family and your relationship with your children, and our team can provide you with the caring and outstanding legal counsel you need and deserve. When children are involved in a divorce or separation, custody disputes frequently arise. An informed and strategic approach to custody issues can lessen the emotional strain on all parties and promote more amicable resolutions.

If you are having problems determining a child custody arrangement with the other parent, you will need to hire a Los Angeles child custody lawyer to handle the situation. When two parents split, child custody must be decided and the arrangement will have to be adhered to by both parties, otherwise legal action may become necessary.

Discuss your rights under California's child custody laws by contacting our Los Angeles child custody attorneys as soon as possible. You can reach us by phone at (310) 817-6904.