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Child Custody & Visitation

Folsom Child Custody Attorney

What are the Custody Laws in California?

Generally, California law encourages joint custody arrangements where both parents participate in the legal decision making regarding the child’s general welfare and both parents participate equally in raising their children. Courts generally strive to ensure that the child maintains frequent and continuing contact with both parents unless one parent is unfit. No preference is given to either gender and equality is granted to all types of parents.

Practically speaking, not all cases are identical and not all parents play an active role in parenting. Situations like this or situations where there are issues of abuse and/or neglect can play a significant role in the resulting custody and visitation orders.

Child custody is an extremely difficult matter for divorcing or separating parents to face. Parents naturally want to protect the best interests of their children. If you are dealing with custody and visitation issues, having orders that are not only specific and detailed will help to avoid confusion later.

Contact us at (916) 794-4576 to get started. We look forward to helping you through this difficult time.

Does It Matter Who Files for Custody First in California?

No, it does not matter who files for custody first in California. The judge will make a ruling solely on the best interests of the child. Child custody cases can be complex, so it is important that you obtain legal representation to help you through the process.

How is Child Custody Determined in California?

When determining visitation rights, the court does what is in the best interest of the child, and takes the following into consideration:

  • The age and health of the child
  • The emotional ties between the parent and child
  • The ability of the parents to care for the child
  • Any history of family violence or substance abuse
  • The child’s ties to school, home, and community

Courts may not deny visitation rights based on the parent’s sex, religious beliefs, sexual orientation, disability, or marital status. However, custody and visitation rights may be denied to either parent if it is determined that contact with either parent would harm the children.

What Are My Rights as a Father in California?

By default, mothers and fathers have equal rights to custody in California. Unless there is something that makes one of the parents unfit for custody, one parent is not preferred over the other. In the most ideal case, the parents would have a joint custody arrangement. However, the judge will take many factors into considering and make a ruling in favor of the child’s best interests. It used to be that the mother was typically favored in these rulings, but more and more, fathers are being given custody.

What is an Unfit Parent in California?

There are several factors that could prove that a parent is unfit for child custody in California, keep in mind that these must be proven with evidence to hold weight in court, some of the most obvious factors include:

  • Child abuse
  • Domestic violence
  • Substance abuse
  • Mental illness
  • Other factors the judge might consider are the parent’s involvement in the child’s life, the parent’s ability to meet the child’s needs, the child’s feelings, age-appropriate parenting, the parent’s ability to handle conflict.

Types of Custody Orders

In California, there are two types of child custody:

  • Legal custody – This determines who makes important decisions for the children, including health care, education, and welfare.
  • Physical custody – This determines who the child lives with.

Both types of the above custody can be either joint or sole:

  • With joint legal custody, both parents have the right to make decisions about aspects of the children’s lives, but they do not have to agree on every decision.
  • With sole legal custody, only one parent has the right to make decisions about the aspects of the children’s lives.
  • With joint physical custody, children split their time between parents, with one parent typically having slightly more time with the children, since it is difficult to split the time exactly in half.
  • With sole physical custody, the children reside with one of the parents, and the other parent is typically granted visitation rights.

Who Has Custody of a Child When There is No Court Order in California?

Without a court order, parents have equal rights to their children in California. This means that both parents have the legal right to decide about the child's upbringing, including where the child lives, what school the child attends, and what medical care the child receives.

However, just because both parents have equal rights does not mean they have equal time with the child. The parents can decide on a parenting plan that gives equal time to each parent with the child, or they can agree on a different arrangement. If the parents cannot agree on a parenting plan, the judge will decide what is in the child's best interest and make a ruling.

The factors that the court will consider when making a custody decision include:

  • The child's relationship with each parent
  • The parent's ability to provide for the child's physical and emotional needs
  • The parent's willingness to cooperate in raising the child
  • The child's age and maturity
  • The child's choice, if old enough to express one

It is crucial to speak with our custody attorney to discuss your options for custody. Our attorney can help you understand your lawful rights and options and represent you in a Folsom court if necessary.

Types of Visitation Orders

Visitation orders vary depending on what is in the best interest of all parties involved. There are different types of visitation, including:

  • Visitation according to a schedule – A visitation schedule helps avoid conflicts and confusion. Visitation schedules can include holidays, special occasions, and vacations.
  • Reasonable visitation – This type of order does not necessarily have details as to when the children will live with each parent, but it works well if each parent communicates and can be flexible.
  • Supervised visitation – This type of order occurs when the children’s safety and well-being require that visits with one parent be supervised by the other parent, another adult, or a professional agency.
  • No visitation – This happens when visiting the parent, even with supervision, would be physically or emotionally harmful to the children.

Protecting Your Child's Best Interests

When it comes to child custody matters, the primary focus should always be on the best interests of the child. Our experienced Folsom child custody attorney understands the sensitive nature of these cases and is committed to helping you navigate the legal process with compassion and expertise.

Some ways we can help protect your child's best interests include:

  • Advocating for fair custody arrangements
  • Ensuring visitation rights are upheld
  • Addressing concerns of parental fitness
  • Resolving disputes amicably through mediation
  • Providing guidance on co-parenting agreements

At Law Office of Tiffany L. Andrews, P.C., we are dedicated to advocating for the well-being of your child and finding solutions that promote a healthy and stable environment for them.

Retain the Law Office of Tiffany L. Andrews, P.C.

Our child custody lawyers in Folsom can help you resolve custody or visitation disputes and ensure that parenting plans and visitation schedules reflect your child’s best interests while protecting your rights. If you find yourself involved in a child custody dispute, it can help to work with a Folsom custody attorney who specializes in child welfare law. Attorney Tiffany L. Andrews and her team offer high-quality representation and maintain a focus on protecting your child’s well-being while keeping your best interests in mind. Ultimately, our goal is to reach a resolution that is favorable, fair, and safe for your child.

Request a consultation by calling (916) 794-4576 today.

Helpful Resources

  • “Child Custody Case”

    Tiffany was asked to represent me in court as my primary attorney was called to attend another court case.

    Tiffany acted in a very professional manner, was very supportive, Tiffany made sure that she has a good understanding of my case prior to attending court. Whilst we waited for the court to open Tiffany was very attentive to me, asking me if I had any questions, trying to relax me even though this is a highly confrontational custody case. During the wait time, Tiffany noticed that the other attorney was acting inappropriately and immediately challenged his position, to which he apologized.

    Once in court Tiffany took the lead putting forward our case, she did this in a well-structured way. Each point had solid reasoning and when the apposing council tried to interrupt Tiffany politely asked him to wait until she had completed his argument. Tiffany mentioned to the judge the incident in the waiting area and the Judge was very clear that this behavior was unacceptable. The judge listed intently to Tiffany points and contentions, the facts were very clear and he was able to make the required decisions based on her submission without further clarification on my custody request. 

    Despite the fact Tiffany was covering for another attorney, I could not have asked for better support. She is an outstanding attorney, very knowledgeable on custody cases and the rules relating to custody. I would have not had a second thought engaging Tiffany as my primary attorney or making a recommendation to anybody who needs an excellent divorce/custody lawyer. 
    Thank you for your support - you were outstanding

    - Alan
  • “I would highly recommend her!”
    Tiffany Andrews is an excellent lawyer. I found her to be efficient, knowledgeable, and honest. Going through the legal system is stressful and having a competent attorney is essential. She is very fast at explaining things, but thorough and excellent with her explanations. I would highly recommend her.
    - Laurel
  • “Professional and Effective”
    I retained Tiffany Andrews to accomplish my divorce and am pleased with the service provided. My ex-wife was very uncooperative at times and prolonged the divorce unnecessarily. Tiffany was able to move things along and eventually get her to complete her part of the necessary paperwork. Further, I am in the military and was deployed while the process was ongoing. Even though I was half a world away Tiffany and her staff were able to keep me abreast of the situation and worked with me to sign paperwork and keep things rolling. I would highly recommend Tiffany Andrews to those in need of legal services.
    - Previous Client
  • “Fantastic Service & Professionalism”
    Tiffany Andrews did a great job in advising & helping me thru an extremely difficult time. Her professionalism, humanity, and understanding were beyond what I could ever hope for. Couldn't ask for a better lawyer, simply the Best !!!!! Impressive skills & wonderful down to earth person to speak to as well as being tough enough to get things done. I would recommend Tiffany Andrews to anyone and she will also be the first person I contact for any further needs !!!!!!
    - Jayna W
  • “Highly Recommend this Law Firm”
    Extremely knowledgeable of the family law issues confronting me. Highly motivated to assist and involve me in the process so there are no surprises. So far I am satisfied with the process and would highly recommend this law firm to take care of your legal issues.
    - Jack
  • “International Service of Process and Divorce Guidance”
    Tiffany was very fast to respond, she was direct and very very knowledgeable. She took the time to quickly understand my situation and also advise on the correct process surrounding serving documents overseas. I was very satisfied with her level of prompt and above and beyond guidance. Thank you.
    - Stefan
  • “Divorce & Separation Advice Session”
    She was great, put my mind at ease. I had a few short questions, not enough to warrant a face-to-face with a lawyer at a high price and she took care of them. Precise, knowledgable and friendly too.
    - Previous Client
  • “Amazing Experience!”
    Tiffany helped me through a very difficult custody battle, and she was very helpful and informative. She answered all of my questions and made me feel very comfortable. Tiffany truly knows what she is talking about... I would highly recommend her to anyone trying to get through a difficult custody battle, or anything else!
    - Previous Client
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  • 2015 Certified Family Law Specialist, State Bar of CA, Board of Legal Specialization
  • 2011 Certified Welfare Law Specialist by NACC, Accredited by the CA State Bar Board of Legal Specialization
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