We Have The Experience To Know How To Help
Most divorces involve children. The courts understand this. They are set up to see that the outcome, in terms of custody and visitation, is in the best interest of the child.
At The Law Offices of C. Lee Hewitt, we understand that what is in the best interest of the child can be a matter of opinion. We will work closely with you to determine what outcome is truly in the best interest of your child. Then we will work hard to pursue that outcome.
Our law firm has represented people in Alameda and the surrounding parts of California for more than 35 years. Our family law attorneys know how to handle child custody and visitation matters. We know how to help you.
What Is In The Best Interest Of Your Child?
Most often, the law’s answer to that question is a fifty-fifty split of time and parental rights.
Child custody is split in several different ways. First, there are two types of custody: legal custody and physical custody. Legal refers to decisions regarding education, health care, money and other matters. Physical refers to where the child lives and the time spent with the parent.
These two types can be provided as sole custody or joint custody. Sole child custody means that one parent gets all rights, while joint custody means that the rights are split.
Our lawyers will work with you to determine what type of custody to pursue.
It’s Not Just A Matter Of How Much Time, But How Much Quality Time
You want your time with your child to count. For that reason, we take great care to look not just at the quantity of time, but the quality of time.
For example, asking for 96 hours a week with your child may seem preferable to 48 hours, but what if those 96 hours fall during your work week? What if the 48 hours could fall on your days off, giving you more quality time with your child?
We work hard to help you make decisions that are right for you.
California Child Custody And Visitation Rights
State law prioritizes the child’s best interests when determining custody and visitation. Both parents are presumed to have equal rights unless evidence suggests otherwise. Courts evaluate each parent’s ability to provide a stable, nurturing environment.
Here is a breakdown of specific rights in California.
- Fathers have the right to seek joint or sole custody, regardless of marital status.
- Mothers are equally entitled to custody and visitation unless proven unfit.
- Grandparents may petition for visitation or custody if it serves the child’s best interests (especially when a parent is deceased or absent).
- Other relatives, like aunts or uncles, may request visitation under limited circumstances, typically when they have played a significant caregiving role or if parental custody would harm the child.
A knowledgeable attorney can help clarify your rights and advocate for a fair outcome.
Modifying Child Custody And Visitation Orders
Custody and visitation orders are not set in stone. Courts allow modifications when a substantial change in circumstances affects the child’s welfare. The requesting party must demonstrate that the proposed change supports the child’s best interests. Common reasons for modifications include:
- Relocation by one parent, especially out of state, often triggers a need to revise custody arrangements.
- Changes in a parent’s work schedule or availability may justify a modification.
- Evidence of neglect, abuse or substance misuse can prompt the court to reconsider custody.
- The child’s evolving needs, such as school performance or medical issues, may warrant adjustments.
- A parent’s failure to comply with the existing order may support a request for modifications.
If your situation has shifted, our team can help you pursue a modification that protects your child and your parental rights.
Enforcement Of Custody And Visitation Orders
When one party fails to comply with custody and visitation orders, the other may seek enforcement through legal channels. The goal is to uphold the court’s directives while maintaining consistent relationships between the child and each parent. Enforcement steps to consider include:
- File a contempt action against the co-parent for noncompliance
- Seek help from law enforcement to enforce orders (for instance, to recover an unlawfully withheld child)
- Ask the court to modify the existing order to prevent future violations
If you have ongoing custody disputes with your co-parent, the court may order mediation or supervised visitation to address them. Legal support can help you navigate this process effectively.
We Handle All Custody And Visitation Matters
In addition to handling child custody and visitation with an experienced divorce lawyer in Fremont, CA, we can also address these matters as they pertain to paternity cases.
Free Consultations – Reasonable Fees
Email us or call us at 510-792-8811 to discuss your child custody case with an experienced divorce attorney.
