Child Custody Enforcement Attorney
Child Custody Enforcement in California
Child Custody Enforcement Attorney in Santa Rosa, CA
Our closest intimate relationships are governed by the broad category of family law. Family law strikes an ideal balance between personal freedom, privacy, justice, and protection.
When you split up with your spouse, child custody becomes a problem. If you and the other parent divorce but are now on good terms, you and the other parent can decide on a parenting schedule that specifies who will have custody of the child and when. However, if you and the other parent cannot agree on a parenting schedule, the court will have to decide based on your child’s best interests.
Since state law controls most aspects of family law, taking matters into your own hands when the stakes are high is not advisable. So, consider talking to a credible family lawyer in Santa Rosa, California.
The Embolden Law P.C. can take care of your legal needs. We can help you with any family issues, especially child custody enforcement. Contact our child custody lawyer, or visit our law firm in Santa Rosa, CA!
Why Do I Need a Child Custody Enforcement Attorney in Santa Rosa, CA?
Family law can be complicated, so you might consider getting a lawyer. The following are the benefits of having legal representation on your behalf:
- They Will Protect Your Privacy – You might not want to involve the media or experience too much tension with friends and family when facing a family law issue. The most crucial thing is to work with a lawyer experienced in privacy protection. You must be able to protect the privacy of your children, your assets, and also your personal information.
- They Will Carry Your Load – One of the main advantages is that it relieves your burden. It enables you to concentrate on your family, which matters most. You are no longer required to stress over various issues, such as time management or avoiding getting distracted by legal issues associated with your case. A competent legal child custody attorney handles all the law enforcement issues and will turn things favorably to your side.
- They Know The Complexities of Family Law – Family relations influence family law practice considerably. It covers adoption, divorce, child custody, and alimony. Family lawyers assist clients with various legal concerns and know the complexities of family law. Since they are experienced in the law and the different options available to them to achieve the best result for their client’s cases, family lawyers can provide their clients peace of mind. A client can simplify the process of winning their case by working with a family lawyer.
- They Can Help You Ease Your Legal Headache – Anyone can experience legal issues. It is best to be organized and not stress out, so you must seek legal assistance. You can prevent these hassles by working with a family law attorney.
Hiring a lawyer to help you solve your legal problems is the best option, especially regarding child custody disputes. Hire our top child custody attorney at Embolden Law P.C. Contact us for a free phone call with our attorney!
What is Child Custody?
Determining child custody is typically one of the trickiest and most essential parts of a divorce for parents. If children are involved, the court or the parents must resolve how to handle matters such as whether and how custody will be shared, who will make choices for the children, and how visitation will occur.
But first, we will discuss child custody to understand this matter further.
Four Types of Custody Arrangements
There is no one-size-fits-all custody arrangement. The specifics of your ultimate custody plan should be customized to suit your family’s needs.
Physical custody (which parent the child resides with) and legal custody (which parent has the authority and responsibility to make decisions regarding the child’s upbringing) should typically be covered by the custody agreement’s final ruling.Typical custody agreements divide custody according to one of the following:
Sole physical custody and joint custodyJoint physical custody and joint custodySole legal custody and sole physical custody to one parentSole legal custody and joint physical custody (rare)
The judge will be the one to establish a visitation schedule when an order indicates that one parent has sole physical custody so that the child will have the chance to develop a close bond with the non-custodial parent.
If you’re facing any child custody issues, our law firm can help. Our team is dedicated to helping every family in California, especially regarding child custody enforcement. Contact our best family lawyers today for legal advice!
How Courts Decide Who Has Custody
When considering custody cases, almost all courts apply criteria that first place the “best interests of the child.” What a judge determines to be in the child’s best interests depends on a variety of criteria, including:
- The physical and mental well-being of each parent;
- Age, sex, and physical and mental health of the child;
- The emotional bond between each parent and child, as well as each parent’s ability to give the child guidance;
- Each parent’s lifestyle and other social factors;
- The quality of the child’s education in the current situation;
- Each parent’s ability to provide the child with food, shelter, clothing, and medical care;
- The child’s preference is if the child is mature enough to express an opinion;
- The impact on the child of changing the status quo; and
- The child’s established living pattern (school, home, community, and religious institution).
Most courts prefer to concentrate on which parent is most likely to give the child a stable environment and better cultivate the child’s bond with the other, assuming that none of these considerations favor one parent over the other.
If it is a minor child, this may entail giving custody to the parent who has been the child’s primary caregiver. However, suppose it is an older child. In that case, the court’s assessment of the child’s best interests may benefit the parent, who can encourage continuity in the child’s education, neighborhood life, religious life, and peer interactions.
You need an attorney who knows the complexities of family law and can increase your chance of getting the favor on your side. The Embolden Family Law Attorney can help you change your life. Contact our law office today!
Modifying a Custody Arrangement
When deciding custody cases, judges in almost every state place the child’s stability as one of their top priorities. It may be challenging for parents to change present custody orders due to this strong preference to keep things as they are, but it is not impossible. Judges are aware that shifting family dynamics may require modifying the current orders.
Most states require the petitioning parent to show that there has been a major change in situations to adjust custody or visitation. The parent must explain and prove that the current order no longer serves the child’s interests.
The judge will then evaluate the new facts in light of the best interest criteria stated above if the court decides to re-evaluate the case.
Modifying a custody arrangement can be tiring, so you need a competent attorney to know the best legal action. Don’t hesitate to give us a call today!
Are Custody and Visitation Orders Enforceable?
The answer is YES. Here are some things that you have to remember how custody and visitation orders to be enforceable:
- When a child is to spend time with each parent, as well as how the parents are to share time with the child during special events like birthdays, vacations, and other holidays, specific instructions must be included in custody and visitation orders to be legally enforceable.
- The court order must specify how the parents would transport their children to and from their homes and the extracurricular activities that they do.
- While many parents can understand and work around one another’s scheduling conflicts, other parents find cooperating very challenging, especially if they do not end up on good terms.
- High-conflict parents might need to include extra precautions in their parenting agreements, like the choice of neutral pick-up and drop-off locations and even the involvement of a third party who can be a facilitator when pick-ups and drop-offs occur.
- If you need assistance from authorities, your order should be detailed enough to provide them with direction.
- A copy of the order should be kept in a secure location, so you may access it easily if required. It’s a great precaution to share a copy of the orders stating any restrictions with the person or people supervising these transitions, such as your child’s teachers or daycare providers.
- It’s also a great precaution to share a copy of the orders if you and the other parent will be splitting up the duty of picking up a child from daycare, school, or another location or if only one parent has the right to pick a child up from any of these locations.
- If you notice that the other parent consistently disregards your parenting plan, keep a record detailing all dates, times, and specifics of the violations. This record will be beneficial if you go to court to enforce your orders.
- A fresh order from the court should be obtained if you and the other parent decide to alter the details of your custody and visitation schedule.
There are many things to be considered to make custody and visitation orders enforceable, so you need an attorney who can ensure that everything will run smoothly. Contact our top family law attorney to seek legal aid today!
How Does Interference with Visitation or Custody Work?
Below are the following crucial points you have to remember regarding Interference with Visitation and Custody:
- Unfortunately, it is not uncommon for one parent to hinder the other parent’s opportunity to have visitation or custody of their child. The parent interfering may feel threatened by the other parent, whether this is true or not, or they may be upset that the other parent hasn’t been paying child support as per the court’s order.
- Parents need to understand that once a court order is in place, they cannot simply ignore the law and refuse the other parent access to the child.
- In an emergency, a parent who thinks their child is in immediate danger of suffering physical or emotional abuse at the hands of the other parent may take or keep the child for their protection. Still, they must follow through on any such action using the proper legal procedures.
If you find yourself in this position, contact an attorney immediately because the violation of custody and visitation agreements or taking or holding a child away from the other parent may qualify as child abduction under California law.
Family law issues like this should be taken seriously, and as a parent, you have to fight for your rights. Reach out to Embolden Law Firm today to discuss your case!
How Can I Enforce Visitation and Custody Orders?
You can enforce child visitation and custody orders through the following:
- You can call your local police and ask them to enforce the order if you have a parenting schedule that clearly outlines when a child should be with each parent, and the other parent refuses to let you see your child during that time. Alternatively, you can ask the child abduction unit of your county district attorney’s office for assistance if the other parent is abducting your child during your designated parenting time.
- The other parent may also bring a contempt court case if one parent purposefully violates parenting orders. The parent who refuses to obey the court’s orders will be warned by the judge that failure to do so could result in civil or criminal charges, which in the worst situations, could even involve jail time.
- In California, restricting a parent’s contact with a child may also be used as justification for modifying the parenting arrangement, including changing the designated custodial parent. Consult an attorney if you are thinking about bringing a contempt action or if the other parent’s conduct is severe enough to call for a modification of your parenting plans.
Child custody enforcement can be challenging, and you need an attorney to help and assist you throughout the stressful process. Contact us today!
Call our Santa Rosa Family Law Attorney Now!
Child custody enforcement is more complex than divorce, so you must seek legal advice once you encounter a problem like this.
At Embolden Law P.C., we know how to collaborate with parents to defuse hatred and pain and act in the child’s best interests. We can assist in creating a detailed parenting plan that will be advantageous to both parents and the child or children.
Our Santa Rosa family law lawyers can assist you with other types of legal issues, including:
- Legal separation
- Family Modifications
- Other matters that deal with families or domestic relationships.
We sincerely care about our client’s health, happiness, and legal experience. Our goal is to resolve their legal problem the first time around successfully.
Take action now. Call a family law or child custody lawyer from our firm, or visit our law office in Santa Rosa, CA, today!
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