Unique circumstances require unique solutions.
Child custody matters can be the most difficult & emotionally challenging of all family law matters.
Child custody cases can be the most difficult and emotionally challenging of all family law matters. Parents may also have different views as to the best interests of their children. Each family has a unique set of circumstances which require solutions that fit their particular needs. It’s important to understand your rights as a parent while also protecting the best interests of your child.
Guardianships / Conservatorships
Custody Modifications & Visitation Orders
For Child Custody, You Need an Experienced & Trusted Attorney
In a highly contested custody action, it could be crucial to choose an attorney who has a wide breadth of experience in dealing with these types of cases. In order to ensure that your proceedings go smoothly, it is to your advantage to hire an attorney who can help you familiarize yourself with all the laws governing child custody and visitation in California.
At Pahlavan Law, our attorney specializes in highly emotional and sensitive cases such as these. Our team is ready to take on the important role of guiding you through making important decisions regarding the custody of your children.
What is decided by a child custody or visitation order?
Child custody and visitation orders are meant to protect the interest of your
children in the event of a divorce, separation or domestic violence dispute.
These orders outline important details, including
- Whether the child will primarily reside with one parent
- Whether the parents will have an equally shared parenting plan
- How much time each parent will have the child in a given week or month
- How often visitation is granted
- Where the child will go to school
- Whether visitation requires supervision by a court-appointed chaperone
Navigating the details that will ultimately determine your custody and visitation agreement can be challenging.
To win an order in your favor, it’s vital to have as much information as possible, a solid defense of your custodial requests, and an understanding of what requests your spouse or partner will make in court.
Joint Legal Custody:
In instances where joint physical custody is not rewarded, the law still gives the secondary caregiving parent the legal ability to express interest in the upbringing of their children. This might include how and where children are educated, disciplined, and how their health is cared for.
Sole custody is awarded when the court believes that one parent is incapable of caring for the children. They may be awarded special visitation rights but will have little or no legal say in how the children are otherwise brought up by the primary caregiving parent. It is uncommon, even in sole custody cases, for the other parent to be denied any child visitation rights.
How is Child Custody Determined?
Under most circumstances, both parents are considered fit to parent equally, thus joint physical custody is the most common court order. Other factors, however, may affect the court’s ruling. If you’re worried for the safety, health or welfare of your children or are concerned you will lose custody of your kids, you need an expert to argue on your behalf.
When parents cannot agree on child custody, the matter must be decided by a family law judge. In all matters, the Court will make a decision based on the best interests of the child standard. A family law judge will closely examine all the information available in order to protect the child’s physical and emotional well-being.
For example, if a parent has a history of domestic violence or drug or alcohol addiction, determining custody and visitation rights can be complicated. A judge can award one parent sole custody or decide joint custody is in the best interest the child. If the child is old enough, his or her preference may be taken into consideration by the judge, mediators or evaluators who are appointed to review the case.
Sherine Pahlavan, Divorce & Family Law Attorney
At the Law Office of Sherine Pahlavan, we will work with you to develop a practical child custody and visitation plan that incorporates the needs of your family. We will design a plan that encompasses the essentials that are important to your family, such as decisions regarding education, religion, and healthcare.