Los Angeles Child Custody Lawyer

The way you file for custody of your child in Los Angeles depends on whether you already have an open family court case.

If you do not have an open case, you will need to open one. The type of case you open depends on whether you are married to or have a registered domestic partnership with the other parent, such as requesting custody orders as part of a divorce/legal separation/annulment case.

If you currently have an open case, you will need to request a hearing for custody and visitation issues. Before filing, it is wise to gather necessary documentation such as proof of income, past court orders, and any relevant contracts that influence custody decisions. Preparing these documents in advance can streamline the legal proceedings and assist in presenting a clear case to the court.

You can also file a Petition for Custody and Support of Minor Children if:

You are married or in a registered domestic partnership with the other parent and do not want to get a divorce, legal separation, or annulment but want a court order for custody and visitation (with or without child support);

You are not married but the father has already signed a Voluntary Declaration of Paternity and you now want a court order for custody and visitation; or

You are not married but have legally adopted a child together and now want a court order for custody and visitation.

You can find the appropriate forms for your specific custody case on the California courts website. Additionally, seeking legal guidance throughout the filing process can safeguard you from potential missteps and ensure that all paperwork is accurate and reflective of your family's needs.

What to Expect in Los Angeles, CA Courts

When pursuing child custody in Los Angeles, it is important to anticipate the court experiences unique to this jurisdiction. Understanding that Los Angeles County Superior Court prioritizes the child's best interests can guide your approach in presenting your case. Panels of family law judges typically emphasize the child's welfare, reviewing detailed evidence of each parent's lifestyle, ability to provide care, and emotional engagement with the child.

As a local firm, the Law Offices of Korol & Velen are adept at navigating the intricate processes and expectations of Los Angeles courts. With the bustling nature of city life, judges often consider factors like proximity to school and extracurricular activities, ensuring your child's routine is stable and convenient. Consulting with our experienced attorneys can facilitate a smooth court experience while safeguarding your parental rights.

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 most 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 interest according to the family code, which does not grant fathers custody solely since 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 father’s 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.