Legal custody refers to a parent's right to make important child-rearing decisions, including education, healthcare, and religion.
Child Custody Lawyer California
Child custody battles could put your parental rights in jeopardy, resulting in the loss of both physical custody and legal custody.
Our child custody attorneys can assist you in custody fights, offering mediation services in addition to representation in court.
The Dadvocates stand with fathers all over California. We'll help you maintain a loving and meaningful relationship with your children. Take action by booking a consultation today.
Understanding Child Custody
Child custody refers to the rights and responsibilities of parents when it comes to raising a child after a divorce or separation. This gets outlined in a parenting plan, which is also known as a custody and visitation agreement. Parenting plans will cover:
- Time-Sharing: Time-sharing refers to the time that a child spends with each parent.
- Decision-Making: Decision-making refers to choices about a child's upbringing, such as religion and education.
Custody arrangements can involve a 50/50 split between both parents, but if one parent has their child more than half the time, they are known as the custodial parent; the other parent is referred to as the non-custodial parent.
Legal Custody
Physical Custody
Physical custody refers to a child living with a parent. If a child is with one parent most of the time, they may still have opportunities to visit the other parent.
Joint Custody
Joint custody means that both parents share parental responsibilities. Both parents make decisions together about upbringing and share time with the kids.
Sole Custody
Sole custody means that just one parent has the parental responsibility. The other parent may not have a say in child rearing, but could still have visitation rights.
Best Interests Matter Most
California courts will not automatically award custody to either the mother or the father. What matters most is the best interests of the child. This basically means finding the custody arrangement that is best for the child's physical and psychological welfare. Courts will note the age of the child, the relationship with each parent, and any evidence of domestic violence when considering the best interests of the child.
Speak with Our Child Custody Lawyers Contact The Dadvocates Today
We help men all over California with their family law disputes. Since our founding in 2016, our child custody attorneys have worked in trials and mediation on numerous custody cases.
If you're considering or going through a divorce, we can walk you through the basics of custody and how they apply to your situation. If you're already divorced but in a custody battle, our attorneys can discuss how to assert your parental rights while focusing on what's best for your child.
To learn more about your rights as a father when it comes to child custody, contact The Dadvocates today. You can also reach our practice serving men throughout California by phone:
(818) 699-9756
Helping Dads with Their Family Law Disputes
Peter Shaw
Denver, CO
2023
The lawyers are passionate about ensuring fathers maintain meaningful relationships with their children. I'm grateful for their legal expertise and commitment to fairness in child support negotiations. I couldn't have asked for better representation.
View on GoogleDAVE G.
Woodland Hills, CA
2023
After having numerous issues with my previous counsel I hired TheDavocates lawfirm. Joel and Adrine kept me advised of the progress, always returned my calls and emails. My final settlement was far and away greater than what I had expected. I will refer the firm to friends and family if they are needed. Thank you!
View on GoogleServing the Entire State of California We're proud to help men from these communities and beyond:
- Bakersfield
- Berkeley
- Fresno
- Los Angeles
- Monterey
- Oakland
- Sacramento
- San Diego
- San Francisco
- San Jose
- Santa Barbara
- Santa Rosa
The lawyers at The Dadvocates can help ex-husbands and fathers with custody disputes and their other family law needs.
You Have Rights as a Father
Dads have rights in divorces and custody battles, and maintaining a nurturing paternal relationship serves the best interests of the child. Whether you live in Silicon Valley or the San Fernando Valley, You can reach out to the Dadvocates regarding your family law issues 24/7.
Dadvocates Clients Share Their Stories
Krishtina Brooks
Denver, CO
2023
I found The Dadvocates team to be honest, straightforward, and upfront with me. They did not make any false promises and kept me informed throughout the proceedings.
View on GoogleRuben Figueroa
2023
I couldn’t have picked a better law firm. I did months of research before finally choosing The Dadvocates and I’m so glad I did. The overall experience was great. The staff is very professional and attentive to my needs or questions and concerns. This is exactly what you want when you’re going through a custody case. I got exactly what I wanted for myself and my daughter. I’m forever thankful to Mr. Joel Goldman, Adrine, and the rest of the team.
View On GoogleCreating a Custody Agreement
Many divorcing couples create custody agreements together as part of the divorce proceedings. In amicable situations, this often means an arrangement in which both parents have joint custody.
Keep in mind that parents may have joint legal custody, but one parent may still be designated as the custodial parent because they have more physical custody of a child.
Modifying a Custody Agreement
When circumstances change, legal and physical custody can be modified. This includes modifications due to job loss, medical issues, or changes in financial status. As with the initial agreement, parents can similarly work out agreement modifications together before presenting it to the court.
Does Relocation Affect Child Custody?
If a parent needs to move away with their child for more than 30 days, a notice must be sent to the other parent at least 45 days before the move takes place. This gives both parents time to revise their existing agreement and have the court approve the modification.
Military Relocation and Child Custody
According to California Family Code § 3047, duty, deployment, or mobilization orders from the military may result in a temporary modification to existing custody or visitation arrangements. This temporary custody order is made without prejudice and will be reviewed upon the service member's return. Oftentimes, the custody agreement reverts back to the original agreement once the service member has come back.
Discuss Child Custody with Our Lawyers Our Attorneys Are Here to Help
So many factors go into child custody arrangements. When circumstances change, it can be difficult to come to an agreement on modifications with the other parent. The Dadvocates can help. Our child custody attorneys have assisted many fathers in San Francisco, Los Angeles, and other major cities throughout the Golden State with their custody issues. Send our lawyers a message today, or call our practice serving all of California at:
(818) 699-9756
Providing Family Law Assistance From Southern California to Northern California
Kristine Kelly
Woodland Hills, CA
2023
I have heard nothing but praise for The Dadvocates and their commitment to their clients. Their reputation as compassionate and knowledgeable attorneys precedes them. They are a trusted resource for anyone navigating family law matters.
View on GoogleDAVE G.
Woodland Hills, CA
2023
After having numerous issues with my previous counsel I hired TheDavocates lawfirm. Joel and Adrine kept me advised of the progress, always returned my calls and emails. My final settlement was far and away greater than what I had expected. I will refer the firm to friends and family if they are needed. Thank you!
View on GoogleDealing with Common Child Custody Disputes
Not all child custody cases are amicable. It can be difficult to develop a mutually acceptable child custody agreement, let alone modify an existing agreement. Many family law disputes involving children come down to fundamental disagreements about which parent can provide a more loving home. The child custody lawyers at The Dadvocates can help you work through different kinds of disputes with the other parent.
Cannot Agree on Modification
Even in amicable divorces, you and the other parent might not be able to agree on changes to your existing custody arrangement. The relocation to another city or state may be unreasonable. The desire for more time with a child during the summer may not be feasible given existing vacation or travel plans. Whatever the disagreement may be, it's important to have a child custody attorney on your side. They can reinforce your case for a proposed modification or strengthen your objection to your former spouse's proposed modification.
The Agreement Has Been Broken
A parenting plan is enforceable by law once it's been approved by a judge. When the other parent breaks your custody agreement, it's important that you hold them accountable. Violations may include denying access to your child, leaving the state or country with the child unannounced, or making major life decisions about your child without communication or consultation. Local authorities can help you enforce your existing custody and visitation agreement. Your child custody attorney can advise you regarding the next steps to take to ensure this does not happen again.
Child Abuse and Endangerment
Child abuse and domestic violence allegations need to be taken seriously. When a parent is accused of abuse, neglect, or any form of mistreatment, it is crucial that the child be taken out of that parent's custody for their safety. The same is true of substance abuse issues, whether it involves the custodial or noncustodial home. Our family law team can advocate for sole custody if the other parent is abusive, negligent, or otherwise dangerous. Meanwhile, if a former spouse makes false claims of abuse, our attorneys can help clear your name and restore your parental rights.
Whatever the nature of the dispute, you need attorneys who are willing to provide facts without sugar-coating them. The Dadvocates are here for fathers who want to do what's right for their children.
Speak with Us About Your Custody Dispute Contact Our Lawyers for Guidance and Advice
If you're fighting your former spouse for custody of your children, you need a knowledgeable attorney who understands how to leverage the California Family Code in your favor. The child custody lawyers at The Dadvocates have worked on many family law cases over the years, always putting the rights of fathers and the needs of children first. Whether you're based in San Diego or Northern California, we can help you.
To discuss your child custody case, send our lawyers a message today. You can also request a consultation with our lawyers serving all of California by phone:
(818) 699-9756
A Law Firm Committed to Fathers More Client Reviews for The Dadvocates
Matthew Boden
Denver, CO
2022
Becky Briggs, and her team were very professional from day one. She went above and beyond as my lawyer, always following up with any/all updates, and news on my case. Her knowledge, and skills as a attorney are top notch, and would highly recommend her and the firm for all your legal needs!
View on GoogleCharles Lemon
Denver, CO
2022
They are skilled, efficient, and provide excellent customer service. If you require legal advice for your situation, I recommend these guys.
View on GoogleSeeking Full Custody of Your Child
If there is evidence that your former spouse is an unfit parent, it may be worth seeking sole legal and physical custody of your child. This is the focus of many heated child custody disputes.
The Dadvocates have worked on both criminal and civil litigation over the years, which has helped many clients in their child custody cases. We can scrutinize the evidence you've presented to us and determine ways to build a compelling case for primary custody to the court.
Seeking sole legal custody and physical custody is ultimately about the best interests of your child, which our attorneys will always consider while presenting your case.
Resolving Child Custody Disputes
Child custody disputes can be resolved in court or outside of court. Out-of-court resolution methods tend to be less adversarial. Our child custody attorneys can help with out-of-court resolution methods, negotiating with your former spouse and their lawyers. However, we are ready to go to court if doing so serves the best interests of your child.
Custody Mediation
Mediation is when each parent and their respective lawyers meet with a mediator. This disinterested third party helps facilitate a conversation between each side to reach a mutually agreeable outcome.
Collaborative Law
Collaborative law also involves meetings between each spouse and their lawyers, but there is no mediator present. But as with mediation, both sides try to reach an agreement out of court.
Custody Trial
If out-of-court resolution methods are unsuccessful, the custody dispute will have to go to family court. The judge will have the final say based on the cases presented during the evidentiary hearing.
Do You Have Questions
About Child Custody?
The Dadvocates Have Answers
There are different ways to resolve a child custody dispute, but you may not know where to start. That's why you need child custody lawyers well-versed in the California Family Code. No matter where in California you reside, the Dadvocates are here to help.
We're available on evenings and weekends to accommodate your schedule and provide the insight you need for time-sensitive matters.
Get answers about child custody from our lawyers. Send our child custody attorneys a message or call our law offices to request a legal consultation.
(818) 699-9756
The Dadvocates Are on Your Side Read Reviews from Some of Our Former Clients
Nick Haneca
2022
Samera and the Dadvocates are amazing! They worked very diligently throughout my extreme divorce process giving it the utmost attention. I ended up with primary custody of my three children. I cannot thank The Dadvocates enough for representing me and supporting me though a very difficult time. The Dadvocates are professional, hard working and very passionate about their work.
View on GoogleAlex Urteaga
Denver, CO
2022
Bronwyn Scurlock and her paralegal Breianna Ensign did an outstanding job for me. Did everything in a timely manner and treated me very well in every conversation I had with them. They had my back 110% and they were more than willing to go to trial for me if we needed to. I got what I wanted in the outcome of my case. 10 out of 10 I highly recommend them.
View on GoogleChild Custody FAQ
Do prenuptial agreements cover post-divorce child custody?
No. A prenuptial agreement can list the current property of each spouse and specify property rights at the end of a marriage, but it cannot make stipulations about child custody or visitation rights. This allows courts to weigh the current best interests of the child.
My spouse is denying me access to my child. Can I stop paying child support?
No. Child support orders are separate from the court orders for custody and visitation. If the other parent is blocking contact with your child, it's important to speak with local law enforcement and a child custody lawyer about what steps you should take next.
Is a parent's income a key factor when selecting a custodial parent?
Income is a factor that courts look at, but it is not the only factor considered. Courts will also consider the child's relationship with each parent, who was the primary caregiver during marriage, each parent's home environment, and any history of domestic violence or neglect.
Do unmarried fathers automatically have custody rights?
No, unmarried dads do not automatically have custody or visitation rights. In fact, they have to legally sign a declaration of parentage in order to establish paternity, which is something married fathers don't have to do. Our child custody lawyers can discuss the needs of unmarried fathers during a consultation.
Can grandfathers seek custody of their grandchildren?
Yes. California allows non-parents to seek custody of a child. When a grandparent or other non-parent assumes custody of a child, this is known as probate guardianship of a person.
