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
-
“Dedicated and Professional”
Ms.Andrews represented My husband and I for a very emotional child custody case in early 2010. She was professional, prepared and most importantly fought for our side to be heard by all parties involved.- Previous Client
We are thankful for all the hard work that she put into our case that lead to a positive ending for our case. We would recommend Ms. Andrews for any legal issues that you may have in family court. -
“Kindness and Generosity”
I can not thank me Andrews and her team enough for the kindness and generosity they showed me throughout one of the most difficult things I’ve had to deal with in my life. My head was spinning after months of googling and weighing my options while searching for a lawyer to handle my case. I imagine like most in the working class you may be afraid that you will make the mistake and hire the wrong lawyer. Wasting all your funds and end up no better off than you were. This was not the case with Tiffany and her team. I made the stupid mistake of going to the first part of my divorce custody case of going at it alone my case was very clear and I trusted the justice system to do what was right. This was not the scenario I faced. The opposition lawyer was able to manipulate everything and knew loopholes that the average person wouldn’t even believe was something that could happen in a court room. I can not stress enough it does not matter what is right and what is wrong you need a lawyer to protect yourself. As far as I’m concerned Tiffany and her team are mericle workers. I went into this thinking “oh great I’m going to be manipulated out of more and more money and I’m going to end up where I started anyway” following Tiffany’s advice I ended up being able to protect myself. From the moment I retained ms Andrews she was there for me literally day and night. I had many questions and issues throughout my case and though I don’t suggest anyone bothering her after business hours there were a few times I felt I needed to contact her and received a response very shortly after. These responses were often reassuring that she had things under control. This is a huge factor for me. Also she was very knowledgeable and always represented herself and myself in good light. I did not want to be vicious and aggressive and she managed to be assertive without being over the top. She was very respectful and I never had the feeling hat things were over my head. She always took the time to explained things to me in a way that I could understand and make well informed decisions. I would and will recommend me Andrews and her team to anyone looking for the best.- Brian -
“Child Custody Case”
- AlanTiffany 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 -
“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 -
“Very Helpful and Knowledgeable”
Tiffany gave me practical advice concerning a child welfare case in Solana County, CA. She understands California dependency law and was available to answer my question on short notice. I highly recommend her.- Christopher -
“I would highly recommend her to anyone!”
It is true that divorce is the most trying time anyone will ever experience. Having said that, Tiffany has been an ally in the onslaught of negativity. My case has been VERY complicated and has involved domestic violence. She has worked to affect a positive outcome for me and my son. While this case is not over, and the outcome is still uncertain, I am certain that I am in the best hands possible with her as my attorney. I would highly recommend her to anyone!- Previous Client -
“The BEST”
We have been her clients for about 7 years now. We first hired her when she was working with another law firm. We were so impressed and pleased with her that we followed her when she started her own law firm. She is very kind, understanding, and has always advised us in the right direction. She's helped us with multiple cases and is always on top of it. We definitely couldn't have done it without her help. We highly recommend her. She also has a great staff. They are always quick to respond and very helpful.- Enrik -
“Amazing Family Law Attorney!!”
Tiffany did an amazing job handling my case, most of which she did long distance as I relocated to another state across the country soon after she was hired. I just couldn't have gotten through that time in my life without her. She's extremely knowledgeable and relatable. She's truly gifted at what she does and I'd recommend her to anyone with Family Law issues.- Sandrell
