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
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“Reliable”
Tiffany Andrews and her associate Mende Romaniak were extremely knowledgeable in dependency and easy to reach when I needed them. They supported any direction I wanted to take with my case and handled everything professionally and in a timely matter. I highly recommend this firm.- Heather -
“I will always be thankful that you represented me.”
- Rachel L.Thank you for all your work and support on my file I appreciate everything you have done for me and all the recommendations you gave me. You truly helped me through one of the most difficult times and helped me get to a better place. I will always be thankful that you represented me.
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“Great Dependency Lawyer”
Great dependency lawyer. Was able to make strong arguments with very little information. Super sharp.- Previous Client -
“Child & family advocate”
Tiffany is an amazing lawyer. She shines in the courtroom. I recommend hiring her for child & family law and cps dependency court cases. She is well respected in her profession and has solid knowledge of the law.- Ann -
“Professional and Highly Commendable Family Lawyer!”
Ms. Andrews is a highly trained, professional, experienced, ethical, and commendable attorney. She has gone above and beyond in her education and specific focus of family law and it is clear in our interactions that she follows her business motto of "If you care, we care!" Ms. Andrews' staff are courteous and helpful as well. My case is complicated with child custody, small business ownership, and other factors. Ms. Andrews' has been communicative, clear, and concise in my options and implications of my choices. She gives me sound, logical legal advice that is the best for my situation. She truly has her clients' best interests in mind and she is confident in court as well as in negotiation with the opposing counsel. Ms. Andrews' follows through with what she says she will do and also will make sure future plans and what needs to be done are clearly laid out to the opposing counsel. I could not be more pleased with my attorney and highly recommend her without hesitation.- Tracy -
“No More Stress”
- Miguel LI'm very pleased with the way Ms. Tiffany has handled my case. She is very knowledgeable and has also shown me that she really cares for her clients. Hiring her has been my best decision in this long difficult case.
I would definitely recommend her if you are looking for Family Law Attorney.
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“Child Custody Case”
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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 -
“Peace of Mind”
Tiffany is perfect! She made herself available to me right away! She is a great listener!! I would recommend her to anyone going through custody battles and divorce.- LaCrisha
