Custody Dispute? Our Child Custody Attorneys Care About Your Outcome Just As Much As You.
Children can complicate divorce, but our guidance and forceful representation will prevent a long, expensive, drawn-out process. Emotions can run high when your kids are involved, which is understandable. You need a caring, experienced lawyer on your side to help guide you through one of the most difficult issues you face: child custody.
At R.S.C. Law Group, Inc., we have helped hundreds of parents work through California child custody cases. We know that developing a custody agreement can feel overwhelming. This is your time with your children on the line. That is why we fight hard for our clients and their children. Speak with us and one of our attorneys will make sure you and your children’s relationship remains stable, loving and strong for years to come. Call us at 831-275-0987 for a free consultation. We serve clients from Monterey County.
The “Best Interests Of The Child” Standard
It is important to understand the best interests of the child in California when you enter custody negotiations. Under Family Code § 3011, parents in California who are divorcing must adhere to what is best for the children, not what each parent prefers. If you cannot come to an agreement on custody, the judge will decide who is best suited to uphold the best interests of the child. Because you know your child better than a judge, it is best if you can resolve custody together rather than leaving it up to a judge.
Key Factors The Judge Considers In Custody Cases
How do the courts determine custody in Monterey, CA? The courts look at several factors when deciding on child custody such as:
- The child’s health, welfare and safety
- Whether there is a history of abuse by any parent or caregiver
- The amount of contact the child has with each parent
- Any drug or alcohol abuse by a parent
- The parents’ ability to provide for the child’s needs as well as religious and/or cultural instruction
The judge will consider all of these California child custody factors before making a final custody ruling.
Can A Child Have A Say?
Yes, the child may have a say in custody determinations. A child’s preference in California custody cases is governed by Family Code § 3042. Under this set of laws, a child who is at least 14 years old must be allowed to be heard in court about their custody preferences unless it is not in their best interests. Children under 14 may be heard in court if it is determined that it is in their best interests.
Even when the child makes their preference known, a Monterey family court judge still makes the final custody decision based on the child’s overall best interests.
You Put Your Children First. So Do We.
In California, contested custody cases go through mediation before they get to a trial. A trained mediator will facilitate the session(s) between you and your co-parent and your respective attorneys. If you and your co-parent cannot agree on a child custody plan, we will go to court to assert your parental rights. We will prepare a compelling case that follows the law and advances your and your children’s needs. Whether you will share custody with your co-parent or one parent will receive sole physical custody (reserving visitation time for the other parent), we will be by your side until the matter is resolved.
We also represent parents who are involved in move-away disputes and other modifications to their existing parenting plan.
Reach Out To Us Today And Get The Answers You Need
You don’t have to guess at what type of custody arrangement your family will have; you can discuss it with one of our lawyers and get a better idea of your options. For a free consultation, please call our Monterey office at 831-275-0987 or send an email today.