Fresno Child Custody Attorney
Fighting to Protect Your Right to Custody
If you need help agreeing on custody arrangements or need to fight for
custody rights, work with
Fresno child custody lawyers who can provide you with the experienced and compassionate legal advocacy
you deserve. Child custody battles require legal acumen and counsel. But
even if you are able to agree on a joint custody arrangement, that arrangement
needs to be validated through a court order so it can be legally recognized.
Seeking legal counsel is the best way to ensure that you can reach a favorable
custody arrangement that can keep the peace between you and the other
parent. Our ultimate goal is to help you safeguard your custody rights
while preserving relationships and minimizing disputes.
Do I Really Need A Lawyer For Child Custody?
The law does not require you to work with an attorney to handle your child
custody case however it would be a great option to do so in some circumstances.
This is specifically true if you remain in the middle of a divorce or
custody dispute that you and your spouse cannot settle on.
We encourage you to
contact us for the help you need, whether after a
divorce or
separation. If you would like more information, check out the topics below.
Child Custody FAQ
Table of Contents
Who Has Custody of a Child If There Is No Court Order?
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One of the most common questions we receive from separating couples is,
"who has custody of our kids right now?" Before an arrangement
is in place, it can be extremely difficult to understand which parent
has the legal rights to the children, and where they can take them. Additionally,
it is a common fear of newly separated spouses that the other parent might
take their children out of town, or even out of state.
It is essential to understand what the law says about this period of uncertainty
to protect both your rights as a parent, as well as the safety of your
children. First and foremost, if there is no custody arrangement in place,
both parents have equal rights to their children. This means that there
are no legal restrictions on who can take the children, or where. The
other parent can take your children anywhere that he or she pleases, and
it is not considered kidnapping under the law.
Emergency/Temporary Custody
However, you do have legal options to prevent this or to get your children
back. Firstly, if you are afraid your ex-spouse will take and keep your
children away from you, you can file for emergency custody to get an expedited
and temporary court order. Secondly, if one spouse unreasonably removes
a child from the custody of the other, this may be used against him or
her in custody proceedings down the line.
Ultimately, it is best for all parties that during this time, couples attempt
to keep children's lives as status quo as possible, without restricting
their ability to maintain communication or spend time with either parent.
How to File a Petition for Child Custody
You may have many questions about the child custody process, from how a
judge makes a decision about child custody to what steps you need to take
to file for custody. In CA,
filing for custody is generally the same process across the board. You will likely deal with various different steps depending on your situation.
To begin your petition, you will need the necessary forms including:
Order to Show Cause
Application for Order and Supporting Declaration
Child Custody and Visitation Application
You will need to fill out the correct information on the Order to Show
Cause form and address it to the appropriate California Superior Court,
filling in your name as the petitioner and the other parent like the “respondent”
regarding child custody. Next, you will complete the Application for Order
and Supporting Declaration, filling out all applicable information, including
your preferences for custody. Lastly, you will fill out the Child Custody
and Visitation Application to provide any additional information in support
of your child custody filing. You will need to make sure they are processed
by the court correctly and that you serve the other parent with a stamped
copy of the entire “child custody package” at least 16 days
before your hearing.
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Types of Child Custody in California
There are two types of child custody that parents can seek:
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Physical custody means the child resides with that parent and is legally in his or her care.
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Legal custody means that the parent can make vital decisions related to the child, such
as decisions concerning the health care or education of the child.
In addition to that, custody may be divided differently depending on the
case. Parents may either share custody, known as
joint custody, or one parent may be given
sole custody.
Another type of child custody that can be given is primary physical custody,
which means the child will live with that parent a majority of the time.
The court may choose to split legal and physical custody differently,
such as one parent having sole physical custody but both parents sharing
joint legal custody.
Joint Custody vs. Sole Custody
Most parents view a child custody ruling as one of the most important aspects of their
divorce or separation. Understanding how custody can be awarded is critical, as
parents will need to be prepared to negotiate or fight for the best possible
outcome. Custody can be given to one parent or to both, depending on the
court’s decision. The varying child custody options are defined below.
Joint Custody
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Joint Legal Custody: Legal custody is the right of a parent to make decisions regarding their
child’s upbringing. When joint legal custody is awarded, both parents
will play a part in the decision-making process. Any decisions made must
be agreed upon by both parents.
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Joint Physical Custody: Physical custody determines where a child will live. With joint physical
custody, the child will spend time living with both parents. A parenting
schedule will likely be needed.
Sole Custody
-
Sole Legal Custody: One parent will make decisions on school, religious activities, child
care, travel, medical care, etc.—even if the other parent disagrees
with some decisions.
-
Sole Physical Custody: The child will live with just one parent (the one with sole physical
custody), but will likely still have visitation time with the other parent.
A visitation schedule may be needed.
For most parents, coming to an agreement over child custody can be challenging.
That is why having a skilled child custody lawyer by your side can be
extremely beneficial during this time.
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How Does a Judge Determine Child Custody?
Child custody matters are nothing to take lightly, as these matters can
majorly impact how often you see your child, how much authority you have
in your child's life, etc. In these cases, the court's responsibility
is to determine the arrangement that is in the child's best interests.
To make this decision, factors such as the following are considered:
- Each parent's ability to be the child's caregiver
- The relationship between the child and each of the parents
- The child's gender, age, and health
- How the child would be affected if removed from his or her current environment
- Whether there is a history of domestic violence or substance abuse by either parent
- The child's preference (if the child is old enough or mature enough)
- The physical/mental health of both parents
When dealing with a
family law issue of such great importance, make sure you get the help of a qualified
legal professional. Our
Fresno family lawyers are well-versed in child custody laws in our local courts and we are available to guide you through this process.
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What Is a Parenting Plan? What Must Be Included?
Also referred to as a parenting agreement, a parenting plan is essentially
the schedule by which parents will need to follow when it comes to having
time with their children. This plan may encompass the custody and visitation
agreement. Ideally, parents will work together to make their own agreements
on visitation or parenting time. If you cannot come to an agreement, the
court may assign a child custody evaluator to your case, who will make
a recommendation on a parenting plan.
In general, it is recommended that a parenting plan considers:
- Meeting a child’s basic needs (love, a healthy diet, medical care,
rest, etc.)
- The child’s age, personality, and life experiences
- Consistency for the child and a sense of security
- Vacations, holidays, special events, and other dates
A parenting plan can address both physical and legal custody, as well as
visitation time. You can choose to make your parenting plan as general
or specific as you want, including restrictions and other details as well.
It is important for a plan to have enough detail to be easily understood
and enforced, but still remains flexible enough to adjust to life events.
You and the other parent may choose to work with a mediator who will guide
you both through the process, or you may decide to retain legal counsel.
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How Are Visitation Rights Determined?
Visitation orders dictate how parents will share the time with their children.
The non-custodial parent will have visitation rights under an order issued
by or approved by the court (if parents decided upon an agreement together).
There are several different types of visitation orders that can be issued
based on the specific factors involved and the situation of both parents.
In most cases, visitation will be based on a schedule. Have a detailed
visitation plan is beneficial for both the parents and the child, as it
creates stability and consistency. There are other options though. For
example, a
reasonable visitation
order doesn’t include specific details or dates as to when the child will
be with each parent, allowing the parents to work it out among themselves.
If parents are still close and get along well, a reasonable visitation
order may be appropriate.
Another form of visitation is
supervised visitation. If the child’s well-being or safety is a concern when they are
with the non-custodial parent, supervision may be necessary. The other
parent, another adult, or even a professional agency may step in to supervise
the visitation time between the non-custodial parent and child. Supervision
may also be used if a parent has been away for a long time to build familiarity
with the child.
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Do Grandparents Have Visitation Rights?
Grandparents do have the right to ask for reasonable visitation with their
grandchildren. In order for the court to grant visitation time to grandparents,
there must have been a pre-existing relationship between the grandparent
and child that created a bond between them. This would mean that visitation
remains in the best interests of the grandchild still. In addition to
that, the court will also seek to balance the visitation rights of grandparents
with the rights of the parents to make decisions regarding their child.
That means if one parent is against the idea, the court will have to take
this into consideration.
If a grandparent wants to request visitation under California law, they
will need to file a petition in court and serve their papers (notice)
to the parents. How a grandparent will file this petition will depend
on whether or not there is a
family law case going on between the child’s parents. If there isn’t a case,
they will need to start a new case for their filing. If the judge makes
the decision to grant visitation, an order will be signed.
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How Do I Modify A Custody Agreement in California?
Whether a custodial parent is relocating or a non-custodial parent wants
more visitation time, understanding how to
modify a child custody order is important. The court will consider granting a custody modification
when there has been a significant change in circumstances.
This can include the following:
- A parent moves to a new area
- Custodial parent wrongfully refuses to give the other parent visitation
- Drug abuse, physical / emotional abuse, or another type of criminal activity
- Medical or health condition of a parent changes
Any change in circumstance or issue that causes instability in the child’s
life can lead to a custody modification so long as it remains in the best
interests of the child. Either parent can request a modification at any
time, but ultimately, the decision rests in the court’s hands.
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What Can Affect Child Custody?
If a child is deemed “mature enough” to provide an opinion
or make a decision regarding custody, the court is required to consider
their preferences under California law. However, the law doesn’t
specify what age is ruled to be mature enough, which leaves this open
to some speculation from case to case. The older and more composed a child
is, the more likely the judge will strongly consider the child’s opinion.
If your child is old enough and has a clear preference on which parent
they would like to live with, it is important their voice is heard. A
CA judge is most likely to give more weight to a child’s opinion
if it is clear that they are not unhealthy influenced by one parent or
the other. It is up to the court’s discretion whether or not a child’s
preference will come into play in a custody decision.
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What Rights Does A Father Have in California?
One of the biggest misconceptions surrounding child custody is that the
court will favor the mother. CA courts do not give any additional weight
to either the mother or the father. Instead, the court is supposed to
make their custodial decision based on the best interests of the child.
This includes reviewing the employment status of both parents, their criminal
background, their emotional connection with the child, and various other factors.
Fathers have just the same rights as mothers do. Some fathers may feel
that the stipulations surrounding their role limit their rights to custody.
That is why it is so important that fathers take a proactive role in their
child’s life. If you want to ensure your rights as a father are
upheld throughout the process, retaining a
child custody lawyer in Fresno is essential.
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What Is “Minor’s Counsel?”
In California, the court may decide to appoint a minor’s counsel
to a child in a custody case between parents. The child’s minor’s
counsel will act as a neutral voice for the child, protecting the child’s
rights and emotional well-being. It also protects the child from being
forced to side with one parent over the other. Minor’s counsel must
always consider what is in the child’s best interests and only provides
representation to the child involved in the case. Separate counsel may
be provided if more than one child is involved. In some cases, the county
will pay for the cost of the minor’s counsel representation if the
family cannot afford it. In most cases, however, the court will require
the parents to cover these costs.
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Do I Hurt My Chances of Winning Custody if I Move Out of Our House Before
the Divorce Ends?
The court needs to determine which parent is most committed to the children
and the family. By leaving early, it will make it seem as if your own
best interests are at the top of your list of priorities, and the court
will likely frown upon the
relocation. If you need to leave for your own safety, such as in
domestic violence cases, be prepared to show the court evidence as to why.
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Does Winning Child Custody Mean I Will Also Win Child Support?
No.
Child support is determined not by where the child lives but by the financial situation
of the parent caring for them. If you earn far greater income than your
ex, do not expect to receive child support payments of any significance.
In fact, they might even want to talk about you providing them with
spousal support instead.
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Why Choose Our Fresno Child Custody Lawyers?
At our
Fresno family law firm, many things set us apart, including:
- 30+ years of shared legal experience
- Custom-tailored legal strategies
- Skilled advocacy that’s focused on clients’ needs
- Thousands of satisfied clients
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How Child Custody Is Determined in California?
Child custody is determined in California based on the judge's decision.
The law in California requires a judge to presume that joint custody is
the right decision. If the parents face divorce and cannot agree on custody,
that judge will decide on the child's best interest.
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At Arnold Law Group, APC, we know how to deal with both types of child
custody scenarios. Whether you need help reaching a fair agreement with
the other parent or you need a courtroom advocate who can help you present
your case to the judge, our
Fresno child custody lawyers are ready to assist you. We have deep knowledge of how family courts deal with custody matters in
Madera, Tulare, and Kings counties.