Helping Parents Protect Their Relationships With Their Children
Child custody is possibly the single most crucial and emotional issue addressed by family courts. When parents do not see eye to eye on custody and visitation issues, they can find themselves involved in extremely contentious and stressful legal disputes.
At the Law Offices of Susan H. Witting, I understand what my clients are going through. As a child custody attorney in Thousand Oaks, I am a certified family law specialist, and I’ve been practicing law in California since 1983. I strive to provide skilled, compassionate legal guidance.
Understanding California Child Custody And Visitation Laws
Many people have misconceptions about child custody and visitation, often based on things they have heard from friends and family members. The fact is that every child custody case is unique and, under California law, must be resolved based on the best interests of the children.
While each case is unique and revolves around the specific facts, in general, it is believed that the best interests of the children are achieved through the negotiation of a child custody agreement giving both parents a substantial role in their upbringing.
California does not follow a traditional arrangement where the mother has primary custody and the father has visitation every other weekend. While this may still be appropriate in some cases, gender is not a deciding factor, and more equally shared parenting is generally preferred.
What Factors Do California Courts Consider When Determining The Best Interests Of The Child?
When determining child custody, California courts prioritize the “best interests of the child.” This means considering various factors that affect the child’s physical, emotional, and psychological well-being. Some key factors include:
- The child’s age, health and education
- The child’s relationship with each parent
- The parents’ ability to provide a stable and loving environment
- Any history of domestic violence or substance abuse
I will work closely with you to understand your unique situation and present a strong case that prioritizes your child’s best interests when determining child custody and establishing a parenting plan.
Unmarried Parents And The Importance Of Establishing Paternity In California
In California, parents have rights regardless of whether or not they were married to each other. When unmarried parents have a child together, it is important to formally establish paternity. Once paternity is established, you legally secure parental rights and responsibilities. After paternity is established, you can ask for child support or seek custody and visitation rights.
How Do You Establish Paternity In California?
In California, you can establish paternity through a voluntary declaration of paternity or a court order. A voluntary declaration of paternity is a legal document signed by both parents, acknowledging and agreeing to the paternity of their child. This document can be signed at the hospital when the child is born or later at a local registrar’s office. If the father disputes paternity, you may need to seek a court order through a paternity lawsuit to establish child support responsibilities. An experienced family law attorney can represent your interests and help you establish paternity for your child.
Can You Change Custody?
Circumstances can evolve and change, especially in the years following a separation or a divorce. When there is a significant change in circumstances, it is possible to modify a custody order. In California, the court will consider modifying a custody order if there has been a substantial change in circumstances, such as:
- A change in your work schedule
- Relocation opportunities
- A change in the child’s needs
To modify a custody order, you’ll need to file a request with the court, providing evidence of the changed circumstances. The court will still evaluate the request for modification by considering what is best for your child.
Resolving Disputes Through Negotiations, Mediation Or Litigation
When parents cannot come to an agreement regarding child custody and visitation, the matter is generally set for a court hearing. In Ventura County, mediation through court-appointed child custody mediators is required and either the parties come to an agreement with the help of the mediator, or in the event there is no agreement, the mediator makes a recommendation regarding child custody issues to the judge.
In some cases, an agreement can still be reached after a recommendation is made and prior to the judge hearing the matter.
In some cases, more intensive investigation is needed, such as a “custody evaluation” or appointment of minor’s counsel.
In some cases, the matter needs to be tried by the Court with witnesses, exhibits and testimony of the parties.
I am experienced in helping clients navigate child custody issues and processes from beginning through resolution.
Schedule A Consultation With A Thousand Oaks Child Custody Lawyer
If you need assistance with a child custody issue, do not hesitate to call me at my Thousand Oaks office at 805-409-4138. You can also send me a message using my online contact form to schedule a consultation with me. My offices are conveniently located, and free parking is available.