When there are challenges within a family, it may be wise to enlist the help of a seasoned family law attorney. Especially when parents cannot agree on the division of child custody rights and responsibilities following a separation. If you live in Tulare, CA, a Tulare child custody lawyer can assist you in understanding the child custody process and how to protect the well-being of your children.
Carlos Navarrete Law Firm can provide dedicated legal support and representation to divorce clients in Tulare and surrounding areas. We go the extra mile to help secure your rights as a parent.
California law states that parents have equal rights and responsibilities when it comes to their children. Even when a family goes through a separation, one parent cannot be alienated from their child, nor can they relinquish their financial responsibilities towards them.
Due to the complexity of relationships and how they may affect decision-making, California family courts provide different legal pathways for parents to ensure they maintain their rights while prioritizing a child’s well-being.
The term child custody in CA refers to two types of custody: physical custody and legal custody. Physical custody is given to the parent with whom the child will reside. In most cases, the other parent is entitled to parenting time, though there may be alternative arrangements where both parents can share physical custody.
Legal custody refers to the right to decide on the child’s education, health, religious activities, extracurricular activities, and other aspects of their life. When both parents are not on the same page about a child’s upbringing, it may be important to adjudicate legal custody through a court agreement for the benefit of the child.
Both parents can obtain joint legal custody even if one has physical legal custody. Sometimes, one of the parents may be given sole legal custody. This often happens when there is a history of domestic violence.
The second aspect of child custody is parenting time or visitation. Child custody agreements should include a plan for visitation by the parent who does not have physical custody. Four different visitation plans are available:
When going through a divorce, or when a parent petitions custody rights outside of marriage, a court can provide mediation or counseling options for both parents to discuss and develop a parenting plan that outlines the division of legal and physical custody rights and a parenting time agreement. If both parents cannot reach an agreement, a family court judge can issue a child custody judgment based on what is in the best interest of the child.
When determining child custody, they consider different aspects like the wishes of the child, whether they are mature enough to decide, and whether the child is young or has specific needs/care requirements. Judges also take into consideration the relationship a child has with each parent and whether the child has deep community ties where either of the parents reside. Any substance abuse issues and history of domestic violence are also taken into account.
When navigating the family court system, it is recommended that you work with a trusted child custody lawyer in Tulare. There are many decisions we must make when raising our children, and child custody decisions are some of the most impactful.
A family law attorney with extensive practice in child custody cases can help with:
They are also there to help with requesting modifications to a child custody agreement if the other parent is not in compliance or if there are recent domestic violence allegations. Parents have rights. At Carlos Navarrete Law Firm, we work tirelessly to have our clients’ parenting rights acknowledged and protected. We can help ensure children are afforded the support and care they deserve.
The cost of a child custody lawyer depends on the complexity of a case. An attorney who provides legal counsel may charge less than if they were to represent a client in court. The location of an attorney and their years of experience may also influence their cost. Additionally, you should consider the attorney’s fee structure.
There is no specific timeline for how quickly a child custody case may be resolved. When both parents can agree on child custody issues, a case may be resolved quickly. However, if there is disagreement, a child custody case may take longer. You should discuss the details of your case with a qualified attorney.
To win a child custody case in California, you must demonstrate that having sole legal custody of a child as well as physical custody is in the child’s best interest. If there are any concerns about a child’s well-being if the other parent is given custody or visitation rights, you should provide evidence in court to substantiate this.
Though you do not need a lawyer for a child custody case in California, it is highly advised that you get legal support from a knowledgeable child custody lawyer in your area who understands California child custody laws and who has represented other clients in the local court. A lawyer gives you the greatest chance for success.
Families are unique and they require specific legal advice tailored to their individual circumstances. With over two decades representing clients in Kings, Tulare, and Fresno Counties, the legal team at Carlos Navarrete Law Firm can assist in multiple areas of family law, including child custody issues. Contact our office today to discuss your case.
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