Child Custody

Experience with child custody?

My law office, Lindsey Law, is a boutique law practice that represents clients in family law matters. As a solo practitioner I have helped hundreds of clients take care of issues involving custody of minor children in paternity, divorce, nullity, legal separation, domestic violence or exclusive custody actions. I’ve got superior knowledge of Cal. Family Code Sections that govern a parent’s right to custody of his/her minor child(ren). Skilled at navigating the family courts in Southern California.

Common child custody claims/matters

  • Who will have primary physical custody of child(ren). Primary physical custody matters most of the time center around rather sole or joint physical custody would be better, which is based on the particular set of circumstances in each case.

  • A visitation schedule that each party can be comfortable with. Most schedules can be worked out between the parties with a settlement agreement. However, there are times when settlement is not possible and the case will be litigated in front of the judge.

  • Modification of a current child custody order. This is typical when one parent ignores or does not follow the current order or when there has been a significant change in the circumstances since the final orders were made.

  • Finally, move away orders when one parent wants to move far enough away so that the move interferes with the other parents ability to exercise his/her rights under the current custody orders.

Different types of custody

Joint or sole legal custody which deals with a parents right to make decisions independently or share the responsibility with the other parent in making decisions concerning the health, safety, welfare, and education of the child(ren)
Joint or sole physical custody which determines where the child(ren) will live; whether the parents will have significant time periods of physical custody so that there will be frequent and continuing contact with both parents or whether the child(ren) will live and be under the supervision of one parent, with visits to the other parent.

Do I need an attorney when it comes child custody?

It depends. If the other parent is not involved in the minor(s) life and/or is agreeable to the custody you suggest, then frankly, you do not need an attorney. However, if you are dealing with a contested custody matter, then it is best to have an attorney to advocate on your behalf.

What to expect?

If it is a new case you will most likely be referred to a counselor which is a licensed professional to discuss custody with both parents. The counselor will make a written recommendation to the court. If the parties can reach an agreement on custody, then more likely than not, the agreement will become the order. Each case has its own set of circumstances that will dictate the direction of the court proceedings. There are resources available that can help parents reach an agreement such as parenting classes. If no agreement can be reached, each party will present evidence to the court so that the judge can make a decision regarding custody. There may even be a contested trial which will require gathering witnesses and discovery so that compelling evidence can be presented get the order sought.
*What if I feel ex is not responsible person
Ask self why you feel this way/ what has led you to think ex not responsible/has something occurred during ex’s parenting time with the child(ren)/or is this feeling based on ex’s relationship with you.
If irresponsibility of ex is detrimental to best interests of the child(ren) then must request an order from the court that will modify the current order. There are a wide range of possibilities –parenting classes is one/ to change in the order

What if child wants to not live or visit other parent?

Must first find out why-is this a sudden change? A well rounded child is one that has both parents in life as long as neither causing harm nor impairing child’s well being. However, If a child is of sufficient age and capacity to reason and is able to form an intelligent decision as to the custody and visitation, the court will consider and give due weight to the wishes of the child in granting or modifying custody and visitation. Now, if a child is 14 years or older and wants to make a statement to the court regarding custody and visitation, the court shall do so, if the court determines it is in the child’s best interest to do so. This doesn’t mean that if the court thinks it is appropriate for a child under 14 to address the court, the child is prevented from doing so.

Why is my firm best choice?

Experience, skilled in dealing with custody issues/on top of that, firm operates on a platform of integrity; we are honest with our clients and create an environment of trust between attorney and the client. The client must trust his/her attorney-if not a recipe for potential disaster. Any time a family issue is before the court Lindsey Law recognizes the emotional rollercoaster one is likely to feel he/she is on. You will need someone who is on your side that will be a true advocate for you, an attorney that will listen to and be your advocate in the court room. We truly care about the wellbeing of our clients.

Contact the Lindsey Law Office today for assistance with your Child custody/ visitation case at (909) 801-7388.