Santa Rosa Child Custody Attorney

Skilled Child Custody Attorneys Serving Santa Rosa

Have 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?

When determining child custody cases, courts apply what is known as the “best interest of the child” standard. This standard is the cornerstone of every child custody decision and serves as the guiding principle for judges. While the concept may appear broad and somewhat subjective, understanding its application is crucial if you aim to achieve a favorable outcome in your custody case.

Key Aspects of the “Best Interest” Standard
The Family Code outlines several factors that judges must consider to determine what arrangement best serves the child’s needs. These factors aim to identify a stable and supportive environment where the child can thrive. However, when parents cannot agree on a parenting plan, the court steps in to make the final determination, weighing various considerations:

• Emotional and Physical Needs: Ensuring the child’s emotional stability and physical well-being is a top priority.
• Parental Stability: The court evaluates each parent’s ability to provide a safe, stable, and nurturing environment.
• Parent-Child Relationship: The bond between the child and each parent plays a significant role in custody decisions.
• Parental Cooperation: The court considers each parent’s willingness to co-parent and facilitate the child’s relationship with the other parent.
• Child’s Preference: Depending on the child’s age and maturity, their preferences may also be taken into account.

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.

When Custody Becomes Contentious

Custody disputes often arise when parents cannot agree on a parenting plan. In such cases, the court must step in and make decisions it deems ideal for the child. While this process can be emotionally taxing, being prepared and understanding the factors involved can significantly influence the outcome.

Tips for Navigating Child Custody Cases

• Understand the “Best Interest” Factors: Familiarize yourself with the criteria courts use to evaluate custody arrangements.
• Demonstrate Stability: Show that you can provide a consistent and nurturing environment for your child.
• Prioritize Cooperation: Display a willingness to co-parent and maintain a positive relationship with your ex-partner for the child’s sake.
• Document Evidence: Keep records of your involvement in your child’s life, including school events, medical appointments, and daily care.
• Work with an Experienced Attorney: A knowledgeable family law attorney can help present your case effectively and protect your parental rights.

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.