Thousand Oaks Child Custody Lawyer

Thousand Oaks Child Custody Attorney

Making decisions over child custody can be one of the most challenging and emotional issues to deal with in family law. Parents might have conflicting views over how their children should be raised and how much time they should spend with their children compared to the other parent. To help reach a solution that makes the most sense for your family dynamic, bring in a Thousand Oaks child custody lawyer for extra support.

At McFadden Family Law & Mediation, we understand how emotionally difficult a child custody and divorce case can be. You want the most favorable outcome for your child, and we share in your mission to make that happen. We work closely with you to develop a parenting plan that is in your child’s best interest.

McFadden Family Law & Mediation can help you obtain custody and visitation orders for your children, either as part of your divorce, or as part of a parentage action if you and the other parent were not married, or as a modification to existing orders if a change is desired.

Key Elements of Child Custody Cases in Thousand Oaks, California

Custody is a complex and emotional area of the law. The law requires that custody orders should be in the best interest of a child’s health, safety, and welfare. It is usually considered best for children to have frequent and continuing contact with both parents.

McFadden Family Law & Mediation takes a child-centered approach to these issues, helping you determine what is in the best interests of your children, what your legal options are, and the best legal path to get there.

Many different factors influence how a custody order is created. Here are some important elements that help shape the process.

Types of Custody

There are two main types of custody in California that need to be decided on: physical custody and legal custody. Legal custody means the right and the responsibility to make important decisions for your children, such as where they go to school, whether they should receive certain medical treatment, and when they can get a driver’s license.

Physical custody refers to which parent is caring for a child at any given time. Visitation refers to the time a non-custodial parent spends with their children. Custody can either be shared among both parents or given to one parent entirely. However, courts usually prefer both parents have frequent and continuing contact with their children. One parent may be awarded sole custody if the other is considered unfit to parent.

Prioritizing the Interests of the Child

In every family law case, California will always prioritize finding a custody solution that is most favorable for the child involved. This will always come before a parent’s preference if it does not align with what a judge believes will minimize the most disruption possible for a child in this predicament. This decision is made by evaluating factors like the stability of a parent’s home or their historic relationship with their child.

Custody Agreements and Modifications

When possible, parents are encouraged to try to create a custody agreement first through mediation or negotiation. This helps to establish terms that satisfy everyone involved without needing courtroom litigation. A judge will ultimately have to sign off on an agreement before it can be issued as a court order, which is important to ensure both parents comply with the terms. If circumstances change, like one parent needing to move or take a new job, child custody agreements can be modified in the future.

Parenting Plans

A parenting plan is a specific document that dictates how a parent will share time with their child with the other parent involved. Custody and visitation orders typically contain parenting plans that spell out when a child will be with each parent, how they will get there, whether supervised visitation is required, and how the child will spend holiday and vacation time.

Visitation schedules allow a non-custodial parent to follow a schedule and still have time with their child to keep their bond strong. Having a well-structured parenting plan can help to reduce conflict as time goes on and keep stability in a child’s life.

Mediation & Court Intervention

Mediation is usually the preferred technique to resolve child custody disputes in California because courts believe that parents, not judges, are typically the best authorities about their own children. However, if a couple has tried and was unsuccessful in reaching an agreement, they will need to advance the issue to court. At this point, the final decision will rest in the hands of a judge who will decide what is the most favorable arrangement for the child. At this moment, it is important to be represented by an experienced family law attorney who will advocate for the best outcome for your child.

FAQs

How Can I Win a Child Custody Case in California?

To increase the odds of winning your California child custody case, you need to demonstrate how your proposed plan is the most favorable option for the health and well-being of your child. You should be able to demonstrate that you can raise the child in a stable, nurturing environment that meets their emotional and physical needs. It also needs to be obvious that you can support the child’s daily education and extracurricular activity routine.

What Type of Custody Case Costs the Most?

While no one can predict the exact costs of a child custody battle before it happens, pursuing sole custody is usually more expensive than when parents agree to share a child through a joint arrangement. This is because when one parent is fighting to have sole custody, they will have to prove to the court why the other parent is unfit in order to overcome the legal presumption that joint custody is usually best for a child. Typically, sole custody is only awarded when a parent can prove that the other is abusive, neglectful, or has substance use or mental health disorders that render them incapable of safely caring for their child. Another issue that can make a custody case more expensive is when one parent wishes to move a child out of the geographic area, because that parent will have to prove why it is better for the child to reside primarily with them instead of the other parent. The length of time it takes to reach this decision will ultimately have the largest impact on legal costs.

How Much Does It Cost for a Child Custody Lawyer in California?

There is no universal cost for child custody legal services that can help someone understand exactly how much they need to pay before the process begins. However, factors like how much experience your attorney has, how much disagreement there is between the parents, and how much evidence exists to support your position can influence the costs. If witnesses or experts such as child custody evaluators are required, and numerous court appearances are involved, this will also add to your overall expense. Be sure to discuss costs upfront with your attorney so you know what to expect.

Do I Need a Family Lawyer for Child Custody in California?

While there is no legal mandate to hire an attorney for your child custody case in California, you increase your chances of a successful outcome when you do so. This is especially true in highly contested battles where you will need an experienced professional on your side. Whether it’s representing you in a courtroom trial or working as a skilled negotiator helping to find creative solutions for your custody case, McFadden Family Law & Mediation will be with you every step of the way to guide you toward the best results for your child.

Contact McFadden Family Law & Mediation Today for Child Custody & Visitation

If you are facing the prospect of a child custody battle in California and are unsure where to turn, get in touch with our team at McFadden Family Law & Mediation. We understand how important it is for you to secure an arrangement that does not disrupt the bond you have with your child. We take this mission very seriously to help ensure you reach a final custody agreement that balances everyone’s interests and helps your child thrive. Contact us today.