Child Custody Attorney in Palo Alto, CA
Going through the family court system is always stressful, especially when children are involved. Luckily, a Palo Alto child custody lawyer can help relieve some of that anxiety. Whether you need to establish a parenting plan, want full custody of your child, need to set visitation, or need to modify an existing agreement, the team at The Law Offices of Rebekah A. Frye, PC is here to guide you through the process and fight for the interests of your child.
How Do Courts Determine Custody?
When parents or guardians can’t come to an agreement on parenting their children, the court steps in to determine custody. To do this, the court assesses the facts to establish what is in the child’s best interest. Judges consider the following factors.
- The health of the parents
- Special needs of the child
- Stability of each parent’s home
- Support of other family members
- The child’s ties to the community
- The child’s preferences, depending on their age
- Any instances of domestic violence or abuse
- Religious or cultural factors
The Types of Child Custody
There are two types of custody, physical and legal. Physical custody has to do with where the child lives. Legal custody encompasses the ability to make decisions for the child, such as for their healthcare, education, and religion. Nearly 25% of all custodial parents reported having some kind of shared custody, whether it be legal, physical, or both.
Creating Parenting Plans
Whether you’re both residents of Palo Alto or your child will be splitting time between there and San Jose, cooperating with the other parent to create a parenting agreement rather than arguing before a judge is often easier for everyone involved. These plans outline where the child will live, who will have legal decision-making rights, visitation, and other details.
Parents in California are required to attend mediation to attempt to create a parenting plan before their child custody case can proceed to trial. If parents can’t come to an agreement, the court will create a custody order that is in the child’s best interest.
Custody Vs. Visitation
Custody and visitation are each concerned with two questions. Custody agreements outline the who and the where, while visitation details the when and the how. When it comes to custody, the agreement focuses on who can make decisions for the child, where the child lives, and similar concerns. Visitation, on the other hand, covers issues like when the noncustodial parent can see the child and how they can spend that time together.
Whether you’re fighting for custody or trying to work out a visitation schedule, a Palo Alto child custody attorney can represent you and fight for your child’s best interests.
Enforcing Child Custody Orders
While not all violations of a custody agreement call for its modification, they can still be serious. Violations might include missing exchanges of the child, failure to pay child support, or denied visitation. The court has mechanisms in place to handle violations, such as calling for make-up time, issuing fines, or modifying the agreement if the violation is severe enough.
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How The Law Offices of Rebekah A. Frye, PC Can Help
Founding attorney Rebekah A. Frye has practiced family law for nearly 30 years. She knows the ins and outs of Santa Clara County Family Court, and her knowledge of the state’s child custody laws makes her a compassionate yet fierce advocate. Rebekah has decades of experience crafting parenting agreements, even in the most contentious situations. Whether you are pursuing full custody, want to secure visitation, or need to change an existing agreement, our team is here for you.
FAQs About Palo Alto, CA Child Custody Laws
How Much Does a Custody Lawyer Cost in California?
The cost of a child custody lawyer in California can vary widely. Complex cases that require a lot of time and research can be quite expensive, especially if you have an experienced attorney on your side. The fastest and cheapest solution is to work together with your coparent to create a mutually beneficial agreement outside of the courtroom. However, this is not possible or safe for all parents.
What Is the Biggest Mistake in a Custody Battle?
One of the biggest mistakes you can make in a custody battle is letting your emotions take over. This is a very stressful time, but you should remember that the primary goal is ensuring your child gets what they need. Don’t let any resentment toward your ex-partner cloud your judgment. The court can see when you’re acting out of spite, and that won’t bode well for anyone.
Who Wins Most Custody Cases?
While California does not automatically favor mothers in custody cases, they still make up the majority of winners, largely because they are more often the primary caregivers of their children. In 2019, nearly four out of every five custodial parents were mothers. That said, if fathers can prove they can provide just as well or better for their child, the court may award them custody.
What Looks Bad in a Child Custody Case?
One thing that certainly looks bad in a child custody case is a criminal record, particularly a history of domestic violence or child abuse. Courts take these types of criminal acts very seriously, and it’s difficult for any parent with a relevant criminal record to win custody. Other factors that can make a parent look bad include unemployment, underemployment, and actions like parental alienation.
Hire a Child Custody Lawyer in Palo Alto
Child custody and visitation cases are always emotional and stressful endeavors. The decisions you make right now can affect your child for years to come, and it’s not always easy for parents to put their emotions aside to see what’s right for their children in the moment. Before you make any decisions, speak with an child custody attorney in Palo Alto to make sure you’re doing the right thing.
Hire a child custody lawyer from The Law Offices of Rebekah A. Frye, PC, to fight for your rights and protect your child’s interests. Contact our team today to discuss your case and learn more about how we can help you.
