Santa Rosa Child Custody Lawyers
Child Custody in California
Child Custody Lawyer in Santa Rosa, CA
Couples dealing with divorce cases need to consider a lot of things, especially when children are involved. In fact, it is not unusual for couples to hold on to their relationship far longer than they reasonably should. However, if you have reached your tipping point, it is highly recommended to seek legal advice especially if you have children. Seek help from a reliable Santa Rosa child custody lawyer.
Even an uncontested divorce can be crushing, and even more so is an uncontested divorce case. Couples going through a divorce will have to deal with a tedious process. Whenever applicable, the child’s best interests are always placed at the forefront, which is the goal of any good parent.
If you are considering filing for a divorce in California and are worried about child custody issues, contact us at Provencher & Flatt LLP and consult with a credible Santa Rosa child custody lawyer. A local attorney experienced with divorce and family law cases can answer your legal questions and help you decide on the best path to take.
Why You Need A Santa Rosa Child Custody Lawyer
In ideal circumstances, divorcing parties come to a fair agreement after patiently discussing, negotiating, and compromising. Child custody arrangements are then submitted to the family court for approval. For couples who come up with parenting arrangements, peaceful mediation on legal and physical custody could occur. If this will still not work, the court will determine who gets legal custody or the legal rights to make decisions for a child.
In reality, however, messy child custody disputes are pretty common. In fact, cases, where the custodial parent disregards a visitation order and ‘keeps’ the child from the non-custodial parent are not unusual. In such instances, a trusted California child custody lawyer can provide legal help. Court orders on custody and visitations must always be taken seriously and appropriately enforced to avoid legal repercussions.
An Overview of Child Custody Laws in Santa Rosa, CA
It is helpful to keep in mind that child custody law has significantly evolved. After divorce, custody of the child is no longer ‘automatically’ awarded to the mother. When it comes to matters related to legal custody, it must be in the child’s best interest. Courts generally do not take sex into account when granting custody of a child. This means that the father and the mother initially have equal custody rights.
In any parenting-related proceeding in the courthouse, the primary concern is the child’s health, safety, and welfare. Additionally, given these circumstances, it must be established that continuing and frequent contact with a parent is beneficial for the child.
Under relevant child custody laws, the court may award custody (primary physical custody or joint custody) to the father. The idea that the court must take the best interests of a child into account also applies when granting parenting time or visitation rights to divorced fathers. If you wish to clarify how these will affect your case or influence your child custody battle, call us at Provencher & Flatt LLP. A diligent and Santa Rosa family law attorney will be glad to assist you.
Factors to Consider in a Child Custody Case
While things like marital property division (asset division) and spousal support (alimony) can be challenging topics within a divorce or legal separation, child custody and parenting issues are generally the most emotionally charged legal matter that spouses have to deal with. Coming up with custody and parenting time agreements may even be impossible given certain circumstances.
California courts consider factors that could affect the health and safety of a child when awarding custody. Judges, for instance, would likely not grant custody (or even visitation) to fathers of children conceived from rape cases. Additionally, child custody and visitation may be limited if a parent is not convicted of sexual or physical abuse. Yet, the charge is independently corroborated by a child protective agency or other relevant state agency. This independent corroboration is also crucial in cases involving continual (or habitual) alcohol abuse or illegal drug use.
Granting custody or even allowing unsupervised visitation is also prohibited if a parent is convicted of the murder of the other parent. This can also apply to certain sexual or physical child abuse cases, except when the judge is convinced that such a criminal record will not pose a risk to the children involved. However, given the sensitive nature of these things, there is no room for doubts or errors. Seek legal advice from professional Santa Rosa child custody lawyers who can explain these further.
Dealing with Child Custody in California
In cases where the divorcing parents of the child agree, California law generally favors joint physical and legal custody. One should note that if parties do not agree, there is no starting presumption for or against joint custody. If deemed necessary, the court may develop a parenting plan with the child’s best interest as the main guiding principle. Additionally, if parents request and are denied joint custody, the judge will have to explain the decision in writing since a joint setup is often preferred.
Family courts in California carefully evaluate whether the father or mother has a greater capacity to facilitate continuing contact and a positive relationship with the child and the non-custodial parent. Conversely, a parent who attempts to interfere with the relationship of the other parent and the child, or makes unfounded sexual abuse allegations against the other party, will face child custody issues in court.
A seasoned Santa Rosa child custody lawyer in California can provide the best outcome for your family. For child support guidelines, child custody laws, and visitation arrangements, reliable legal representation is crucial.
Consult with a Santa Rosa Family Law Attorney!
Maintaining continuity and stability in the environment of children is behind every child custody decision. Whenever possible, emotional bonds between a child and their primary caretaker are protected, and established patterns of care are maintained. Siblings are also kept together, except in extraordinary cases.
For legal assistance on filing or bringing to court child custody cases, contact our Santa Rosa law firm by calling us at 707-596-6641. For many people, child custody is the most complex and emotionally draining part of a divorce filing. Our dedicated Santa Rosa child custody lawyers at Provencher & Flatt LLP will look closely into your case.
Seek help from a competent Santa Rosa family law firm at 707-596-6641 and speak with an attorney about your questions regarding family law, bankruptcy, real estate, employment law, and other legal matters. Call us at 707-596-6641 to schedule an appointment.
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