At Moradi Neufer, our attorneys recognize that child custody and parental visitation are the biggest concern for many clients. We help you create a custody and visitation plan best suited for your family and negotiate on your behalf to reach an agreed-upon plan.
In California, the court makes decisions on child custody and visitation based on what it believes is in the best interest of the child. The court takes into account a number of factors in making this decision. In addition to protecting the child’s health, safety and welfare, a custody arrangement must encourage frequent and continuing contact with both parents, unless there has been a history of child abuse or domestic violence.
Establishing parentage is often an essential part of the custody and visitation process, as well as child support and move-away cases. Parentage must be established (or confirmed) in order to petition for child custody and support. In the state of California, unmarried fathers can assert paternity by signing a voluntary declaration of paternity at birth and paternity can be established through a blood test. Moradi Neufer lawyers are skilled at assisting our clients as they attempt to establish or disprove parentage, both in the process of a divorce or between unmarried parents.
In a custody order, the court will make a decision on both physical and legal custody. Physical custody refers to which parent the child is living with at any given time. Legal custody refers to the right to make decisions about the health, education, and welfare of the child.
Additionally, the court will make a decision on whether the parents have joint (shared) or sole custody. Child custody can be awarded in a number of ways:
Sole physical custody means that the child will reside with one parent and the noncustodial parent will usually have visitation rights as ordered by the court. Sole legal custody means that only one parent will have the exclusive right to make decisions regarding the child’s residence, health, education and welfare; the other parent lacks such rights.
Sole physical custody means that the child will reside primarily with one parent and the noncustodial parent will usually have visitation rights as ordered by the court. Joint legal custody means that both parents share the right and responsibility to make decisions regarding the child’s health, education and welfare.
Joint physical custody means that the child will reside with both parents in a way to ensure frequent and continuing contact with both parents. However, that does not mean the child’s time must be equally divided with each parent. Sole legal custody means that only one parent will have the exclusive right to make decisions regarding the child’s residence, health, education and welfare; the other parent lacks such rights.
Joint physical custody means that the child will reside with both parents in a way to ensure frequent and continuing contact with both parents. Joint legal custody means that both parents share the right and responsibility to make decisions regarding the child’s health, education and welfare.
Because of California’s interest in the welfare of minor children, the court always has jurisdiction to make or change custody orders, even after a divorce is finalized. In fact, changes to custody agreements are quite common as children become older and families change.
The decision to modify an existing custody order will depend on whether the previous order was a temporary order or a final order. If the previous custody order is a temporary order, the court will determine what would be in the best interest of the child. If the previous custody order is a final order, the court will determine whether there has been a sufficient change in circumstances that so affects the child that modification is necessary to the child’s welfare.
Such changes in circumstances include (but are by no means limited to):
You need an experienced child custody attorney to help you ensure your rights as a parent. The team at Moradi Neufer uses our knowledge of the law and expertise to assist parents in coming up with the best possible custody arrangements for their children.
Adam and Elsa were an absolute pleasure to work with and I cannot recommend them highly enough to anyone in a similar situation. Adam demonstrated a remarkable ability to answer any questions I had about my case, providing clear and concise explanations that helped me understand the legal complexities involved as well as actions to take to solidify my defense. Elsa was also outstanding in promptly responding to my emails once she was brought on to work with me. Together, they provided me with informative answers that helped build a solid stance during court. I am exceedingly grateful for their representation. Overall, I would highly recommend their expertise to anyone looking for trustworthy and knowledgeable legal professionals. Update 9/19/2024: Since my last post, I am pleased to say that Adam was able to secure the outcome I had hoped for. His unwavering dedication throughout the process made all the difference. His strategic approach and insightful recommendations consistently put us ahead, even when the odds seemed against me. Thanks to Adam’s expertise and hard work, I can now focus on my child without any lingering legal concerns. I remain incredibly grateful for his efforts and highly recommend him to anyone facing a challenging family law case. His professionalism, respect for everyone involved, and commitment to providing clear and relevant advice were key to achieving the best possible result.
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