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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“Tiffany cares about her clients and fights for their rights.”
Tiffany worked on my foster/adoption case - that was long, difficult, and drawn out. She researches every angle, is intuitive, intelligent and fights for her clients' to get the best possible outcome. Also, she genuinely cares about her clients best interests and provides guidance and counsel throughout the process.- Lora -
“Review of Tiffany Andrews”
Very responsible and professional lawyer in my opinion. Represented me well and got me what I wanted. As well, provided me with good solid solutions for my situation and gave sound advice. Highly recommend to anyone else.- George -
“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 -
“Tiffany was there for me, even AFTER my case was filed.”
Long Story short, My particular case started off as a Divorce & Child Custody case; but soon after Divorce papers were filed; I (a male) became a Victim of a brutal Domestic Violence from my Ex. Tiffany took care of all the necessary documents needed to finalize my Divorce & Child Custody case while I was hospitalized with multiple stab wounds & internal injuries. Tiffany helped & filed documents so that my children wouldn't be taken as wards of the state; & gave temporary custody to a familial relative while I recovered from my injuries. Not once did she leave my side as an attorney while I was in the hospital recovering from what my Ex-wife did... If I could recommend a Family Attorney to anyone in Northern California... I would recommend Tiffany Andrews; there is no doubt about this in my mind.- Arnell -
“I am very lucky to have Tiffany Andrews as my attorney!”
Tiffany Andrews is highly professional and knowledgable attorney. I am very pleased with the results.- kvitkoolga -
“Tiffany Gave Me a Voice!”
I hired Tiffany to help me in a custody dispute with my ex regarding my young son. During the entirety of my previous relationship and even after separation my ex had intimidated me and dominated any decision made regarding my son. He bullied me and used his financial advantage to make me feel that I didn't stand a chance against him when he filed to take majority custody of our son. I went into the custody dispute feeling weak but as a mother, I would go to any length, at any cost to fight for my son. Tiffany and her staff gave me so much confidence and ensured me that they would be my voice and help me fight for my rights as a mother and that is exactly what she did. Tiffany was extremely thorough, knowledgeable, compassionate, and honest. She did her job and she did it well. Tiffany was very aggressive while staying very professional in front of the judge. I walked out of the courtroom feeling empowered and protected. My family cannot ever thank her and her staff enough. I would recommend her to anyone that finds themselves in a family dispute. She will give you the justice you and your family deserve.- Cheyenne -
“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!”
I would strongly recommend Mrs. Andrews for any family law issues. She was my attorney for over a year. In that time she was focused and diligent. Not once did any paperwork get rejected for clerical errors. Mrs. Andrews worked tirelessly and made it a point to conduct my case in the most cost-effective manner possible for me.- Chad
