Santa Rosa Child Custody Attorney

Skilled Child Custody Lawyers Serving Santa Rosa

Child Custody AttorneyHave you been going through a divorce and can’t agree upon the matter of child custody? There is no doubt in the fact that child custody can be a challenging issue for both parents when going through a divorce. It is indeed one of the most stressful times for a couple. A lot of times, people only focus on mother-child relationships and completely disregard father-child relationships. However, our attorneys are not like that at all. We deem father-child relationships just as important and make sure to provide unbiased assistance in your child custody case. We understand how challenging it can be to represent a father in such cases, but we are ready to take that challenge and fight for the father’s rights. At Conway Law, the goal of our Santa Rosa child custody attorneys is to assist mothers, fathers, and/or grandparents and guardians to receive the representation they deserve as it relates to their child custody matter. We are the advocate you need in your corner, no matter what your gender is. Let our compassionate and professional legal team help you when you need it most.

Our Santa Rosa child custody attorneys at Conway Law have extensive experience helping clients navigate this difficult terrain and work toward a fair and equitable resolution that advances their children’s best interests.

Types Of Child Custody In California

The following are the different types of custody as described below in detail:

  • Legal Custody: When a parent has legal custody, that means that the parent has the right to decide the child. It covers all areas of the child’s participation in life. The parent can decide about various matters concerning the child’s life, which includes health, religion, education, etc., after consulting with the other parent. Most of the time, the court awards joint custody so that both the parent’s rights are protected and the child is satisfied.
  • Physical Custody: Physical custody is when one of the parents has the right to keep the child in his or her house. Where and when the children live falls under this type of custody.
  • Sole Custody: Sole custody is when the child lives with one parent exclusively and that parent has legal and physical custody of a child.

How Do I Get Custody Of My Child In Sonoma County?

In order to obtain custody of your child, you will want to file a petition with the court asking the court to review your case. The courts will give you two dates. One is for Family Court Services, the second is for a court hearing.

Family Court Services (Mediation) is for both parents to attend so that a mediator and determine whether you can come to a custodial agreement. If you are able to reach an agreement, or not, the mediator will generally send a recommendation for the judge’s review. This will inform the judge of what happened at mediation and can assist the judge when determining your case. It is important to be ready for mediation and to have all necessary documentation and declarations filed with the court so that the mediator knows your side of the story. Our Sonoma County-based Family Law attorneys at Conway Law are more than happy to help you with these documents.

You will then have your court date. Depending on what happened at mediation, the judge will make a determination in your case. It is important to have a lawyer as the mediation may not always go in your favor. This is when is important to argue your side of the case so that the judge’s decision is more favorable for you. If you would like to go over your case and to hear what the possible outcomes may be, contact our Santa Rosa child custody attorneys at Conway Law, a Sonoma County-based law firm.

How Does A Parent Get Full Custody Of Her Child?

There was a time when the U.S. legal system presumed that children belonged with their mothers and favored mothers in custody disputes. Today, the law generally presumes it is in the children’s best interests to be raised by both parents and states increasingly favor agreements in which mothers and fathers share custody. To obtain full custody of a child, a parent must demonstrate that either the other parent is unfit to have the child or a different custody arrangement would negatively affect them.

What Do The Courts Look At When Determining Custody Of A Child?

In determining child custody cases, the courts use what is called the “best interest” of the child standard. It is called the child’s “best interest”. It is the single most important factor in every single child custody case. It is vague and broad but you better know its application if you intend to have any degree of success in your child custody case. A judge has to consider different factors when determining the matter of child custody as enlisted in the Family Code. These factors revolve around identifying the best possible situation for the child. The law provides a wide interpretation in determining what the best interests of the child can be, however it must be noted that the support needs to be stable. Child custody becomes a big problem when you and your partner cannot agree on a parenting plan, and the court has to take the matter upon itself. The court will deem whatever is ideal for the child.

The word “discretion” is very important. We call it the big “D” because it gives the Family Court reasonable latitude such that there is often not a strict right or wrong decision unless the judge abuses his or her discretion when making a ruling. This court discretion when assessing the child’s best interest is also what makes child custody decisions difficult to successfully appeal. When an appellate court takes a look at a judge’s decision on what facts he or she gave less or more consideration, they generally have to find (with some exceptions of course) that the judge abused his or her discretion when evaluating and weighing the facts.

How Do Joint Legal And Physical Custody Affect Child Support?

Joint custody doesn’t negate a child support obligation. Even if both parents have joint custody of their children, one parent may still be required to pay child support. This is because child support is based on the income and earning potential of each parent, as well as the amount of time each parent spends with the children. It is rare for both parents to have exactly the same income and share custody on an equal basis, so it is likely that one parent will have a child support obligation.

The reason why there still is a child support obligation even when custody is shared equally is that our child support guidelines calculate the obligation based on time spent with each parent and the income of each parent. So even if the child spends equal time with each parent, the parent with the higher income will owe the child support.

Contact Our Santa Rosa, CA Child Custody Attorney

If you face a child custody matter in Santa Rosa or elsewhere in California, you can contact our Santa Rosa child custody attorney at Conway Law Trial Attorneys.  If you work with our firm, you can be confident that we will do everything in our power to ensure that you are being looked after as we fight to protect both you and your family.