Los Angeles Child Custody Lawyer
Guidance Through Visitation Matters in California
When it comes to child custody and visitation matters, we understand that you want what is best for your child. We also know that this is a sensitive and emotional concern, often involving conflict with the other parent.
At the Law Offices of Korol & Velen, we work with clients one-on-one to develop effective solutions to the custody issues they face. One of our lead attorneys is a certified family law specialist with the State Bar of California Board of Legal Specialization.
With over 40 years of combined family law experience, we offer the dedicated service and trusted counsel you need. We are committed to guiding you with compassion and understanding through the complexities of your case, ensuring every decision benefits your child's well-being.
Contact our Los Angeles child custody lawyers today at (818) 962-4669 to discuss your child custody or visitation issue.
Custody & Visitation Laws in California
As you navigate your child custody or visitation case, it is important that you understand the different types of custody. There are two main types of custody in California. Familiarizing yourself with these types can provide critical guidance when making decisions that impact your child's future.
Legal Custody
California Family Code § 3003 – Legal custody refers to a parent's right and authority to make important decisions regarding the child's life, such as the child's healthcare, education, religious activity, and more. Typically, both parents will be granted joint legal custody, meaning both parents are permitted to make these types of decisions, regardless of which parent the child lives with (see physical custody below).
Physical Custody
California Family Code § 3004 – Physical custody refers to which parent the child actually lives with. Often, one parent has primary physical custody, meaning that the child lives with and is under that parent's supervision the majority of the time. In such cases, the other parent often has visitation rights.
If the child lives with both parents for significant lengths of time, both parents have joint physical custody. Understanding the nuances of physical custody is crucial for both parents, as it directly affects day-to-day schedules, living arrangements, and the child's stability. Decisions about physical custody are often complex and can require careful mediation to ensure that both parents' and the child's needs are adequately met.
Sole Custody
One parent is determined to be the primary physical caretaker. The noncustodial parent is often granted a generous visitation schedule in this situation, as well as the ability to be involved in joint decisions about the child’s upbringing.
Most courts are moving away from the practice of awarding sole custody to one parent in an attempt to enlarge and improve the role a divorced father plays in his children’s lives. However, if one parent is deemed unfit because of alcohol or drug dependency, their new partner is unfit, or they have charges of neglect or abuse, then the courts usually do not hesitate to award sole physical custody to the other parent. Sole custody decisions often involve sensitive, detailed review by the court, ensuring each child's safety and welfare.
Joint Custody
Joint or shared custody means that both parents share decision-making responsibilities for and/or physical custody of their children. Joint custody can be awarded if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.
Joint custody can take one of the following forms:
- Joint legal custody
- Joint physical custody
- Joint legal and physical custody.
It is common that couples who share physical custody also share legal custody, but it is not necessarily the case the other way around.
Usually parents work out a schedule according to work requirements, housing arrangements, and the children’s needs when joint custody is shared. If parents are not able to agree on a schedule, the court arranges and imposes an arrangement. The most common pattern is for the child to split weeks between each parent’s home.
Here are some other joint physical custody arrangements:
- Spending weekends and holidays with one parent and then spending weekdays with the other.
- “Birds nest custody” or “nesting,” where the child remains in the family home while the parents take turns moving in and out. In this instance the parents each have their own separate housing.
How Our Los Angeles Child Custody Attorneys Support You
When you are in the middle of a contested custody matter, it can be difficult to know what to expect or how to prepare. From our office in Los Angeles, we walk you through each stage of the process, from the first conversation about your goals to the final court order. Because our practice is focused on family law, we are familiar with the procedures, forms, and timelines that apply in Los Angeles County Superior Court and can help you stay organized and informed.
During your case, we work closely with you to gather the information that judges and mediators want to see, such as school records, calendars showing your parenting time, and communications about the children. We also help you prepare for mandatory mediation, status conferences, and hearings so that you understand how to present yourself and how to talk about your child’s needs. Our approach is hands-on—your questions are answered by an attorney who knows your file, rather than being passed from staff member to staff member.
Contact Our Los Angeles Child Custody Lawyers Today
Protecting your parental rights and ensuring your child’s best interests are too important to leave to chance. Schedule your confidential consultation now and find the support and guidance you need during this critical time.
Contact our experienced Los Angeles child custody lawyer today to discuss your case and take the first step toward a favorable resolution.
Award-Winning Counsel
On Your Side
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Rated Amongst the Top 50 Women Attorneys in Southern California
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Selected to Super Lawyers Every Year Since 2012
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Board Certified California Family Law Specialist
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40 Years of Combined Legal Experience
How Is Custody Decided In California?
'Best Interests Of The Child'
California child custody judges consider the best interests of the child when making their decisions regarding custody of the child. A judge is not permitted to give preference to a parent based on their gender. Alongside gender neutrality, judges typically evaluate numerous factors, like the child's educational needs, parental bonds, and the ability of each parent to cater to the child's healthcare and social upbringing.
California law has two specific guiding policies when determining a child’s best interests:
- The health, safety, and welfare of children must be a court’s primary concern.
- Children benefit from frequent and continuing contact with both parents.
A judge will weigh any relevant factors within these two parameters when making their judgment regarding each individual case. The comprehensive evaluation process might also consider the child's expressed desires, provided they are of ample age and understanding to reasonably convey their preferences.
Child's Preference
According to California law, if a child is mature enough to make an intelligent choice regarding custody, then the courts must consider that choice. A specific age is not required by law, but it makes sense that the older the child, the more likely he or she will be able to provide a mature decision. Courts often balance the expression of a child's preference with other key case factors to arrive at a comprehensive custody decision that serves the child's ultimate best interests.
Is California A Mother Or Father State?
If the parents are married, California courts will determine custody based on the child’s best interests, not based on a preference for either parent. However, if the parents are unmarried, the mother has custody of the child until paternity is legally established, either via a paternity case or both parents signing a Voluntary Declaration of Paternity. This legal landscape presents unique challenges and opportunities for both parents aiming to secure favorable custody arrangements.
Can A Father Get 50/50 Custody In California?
Fathers are not automatically entitled to 50/50 custody in California. Instead, the court standard uses the child's best interests according to the Family Code, which does not grant fathers custody solely because they are the father. Securing an equal custody share often involves presenting a compelling case that demonstrates active involvement and commitment to the child's ongoing welfare. Many fathers’ rights organizations advocate for balanced standards and support fathers in understanding their rights and responsibilities.
What Is An Unfit Parent In California?
The court may order a child custody evaluation to determine if a parent is unfit. The evaluator may consider:
- The parent’s level of involvement in the child’s life in the past;
- How well the parent understands and attends to the child’s needs;
- The child’s feelings toward the parent;
- Whether the parent is capable of setting age-appropriate limits;
- How the parent handles conflict with the other parent;
- Evidence of child abuse or a history of domestic violence;
- Whether there is a history of substance abuse;
- If the parent has a mental illness that threatens the welfare of the child.
These evaluations are thorough, often involving psychological assessments and detailed interviews with family members, to ensure that the child's environment is safe and nurturing.
How Does Moving Out Of State Affect Child Custody?
The parent with physical custody can legally move out of state with the child as long as the change does not negatively affect the child’s best interests. Under California law, if the parent plans to move away with the child for more than 30 days, they must provide written notice at least 45 days before the intended move so that the parents can come up with a new custody or visitation agreement.
If the noncustodial parent disagrees with the move, it is possible to file an objection to the relocation and request that the court modify custody. Relocation cases can be particularly complex, often hinging on proof of enhanced opportunities for the child or a demonstrated necessity that supports the change.
Mediation As An Alternative To Litigation
When it comes to child custody and visitation matters, litigation can often be a lengthy and emotionally draining process for all parties involved. Consider mediation as an alternative dispute resolution method to reach a mutually agreeable solution without the need for court intervention. Our experienced child custody lawyers at Law Offices of Korol & Velen can guide you through the mediation process and help facilitate productive discussions between you and the other parent. Mediation often encourages compromises and fosters better long-term communication strategies between parents.
Benefits of mediation include:
- Cost-effective compared to litigation
- Confidential and private proceedings
- Empowers parents to make decisions together
- Promotes effective co-parenting communication
- Reduces stress and conflict for children
Whether you are seeking joint custody, sole custody, or modifications to an existing custody arrangement, mediation can provide a more amicable and efficient resolution for your child custody and visitation case. During mediation, both parties work collaboratively to draft mutually acceptable parenting schedules and resolve common challenges such as holiday arrangements or unique living conditions without exposing children to contentious court hearings. This process often includes role-playing negotiation techniques and setting realistic expectations that ensure long-term compliance and satisfaction.
Mediation For Child Custody Disputes
When it comes to child custody disputes, litigation can be a stressful and costly process for all parties involved. At Law Offices of Korol & Velen, we offer mediation services to help parents reach amicable agreements regarding custody and visitation. Our experienced mediators can facilitate productive discussions and assist in finding solutions that prioritize the best interests of the children.
Benefits of mediation for child custody disputes include:
- Less adversarial than litigation
- Promotes open communication between parents
- Faster resolution compared to court proceedings
- Empowers parents to make decisions together
- Less expensive than going to trial
We have helped many people with their custody and visitation issues in Los Angeles. Contact our firm today at (818) 962-4669!
