Santa Barbara Child Custody Lawyer

Domestic Violence & Child Custody

Domestic abuse, whether it’s physical, mental or emotional can have severe scars on victims and unfortunately, it’s very common for a victim to not reach out for the help and support they need.

Domestic violence in California is defined as: intentionally or recklessly causing or trying to cause bodily injury, sexual assault, making other people free reasonably afraid that they or someone else are in danger and any other behavior that could cause a court to issue a domestic protective order, including harassment, unwanted telephone calls, stalking, threats and physical assault.

If any of the actions above are committed against current and former spouses, people who live together or formerly lived together on a regular basis, people who are related by blood or marriage, people who have children together, children or people who are or have been dating or engaged, it is considered domestic violence and should never be tolerated. If you’ve been a victim of domestic violence, contact a Santa Barbara child custody lawyer at Drury Pullen Law immediately.

When dealing with divorce, child custody can become tricky. It can usually be joint or sole. There are two types of custody: legal and physical.

• Legal custody is a parent’s right to help make major decisions about a child’s life and
• Physical custody refers to where the child lives and who provides basic care like bathing and feeding.

California court always factors the health, safety and welfare of children when making custody decisions. If domestic violence or abuse was involved in the child’s life, the judge will take that into account when determining the legal and physical custody.

When a judge considers allegations of abuse in a custody case, the court can look at evidence that independently corroborates the accusations, such as reports from law enforcement, records from child protective services, social welfare agencies and medical facilities, other court orders and reports from other agencies.

If the court finds that an abusive parent has perpetrated domestic violence against the other parent, the child, or the child’s siblings within the last five years, then the judge has to assume that the other parent should not have sole or joint custody. If you’ve experienced domestic violence and are fighting child custody, call Santa Barbara child custody lawyer at Drury Pullen Law.

Move Away Situations

A “move-away” case is when a parent who has joint or sole custody of the child decides to move to a location that is far enough away to disrupt the current custodial arrangement. The law on these types of cases is very complicated and constantly changing so make sure to contact a Santa Barbara child custody lawyer at Drury Pullen Law. When a divorced parent wants to move away with a child, one of the parents files a motion with the court for new custody orders. The moving parent might file for permission to move with the child, or the other parent might file a motion for a change of custody so that child can stay.

Whatever the reason a parent wants to move, these situations are emotionally and logistically difficult and parents often can’t agree, forcing the court to decide. There are many factors that court looks at when making these decisions. If the parents have joint custody, there’s no need to show changed circumstances for the court to change the custody order. Instead, parents will just show up to court to decide what is best for the child. If one parent has sole custody, that parent has a “presumptive right” to move with the child. This means there’s an assumption that the parent and child can move. The other parent has to show that the move would be detrimental to the child and create a change of circumstances to re-evaluate the custody order.

Showing detriment can be very difficult. Although the harmful impact the move will have on the relationship between the child and the non-moving parent is an important consideration, this factor alone will not be enough to establish detriment. At the formal hearing, the judge will examine evidence and hear live testimony. Parents, child custody evaluators, and others with relevant information regarding the child’s best interests may testify.

In some cases, the child can testify as well. California law requires that the court consider a child’s wishes as to custody and visitation if the child is old enough and mature enough to make an intelligent preference. “Move-away” cases are extremely difficult. Make sure to call a Santa Barbara child custody lawyer at Drury Pullen Law to help you with your case.

Out of State Child Custody

Child custody arrangements are difficult to deal with and when complicating factors get involved, such as a parent moving to a different state, it’s best to talk to a lawyer who can help since the law with these types of cases are constantly changing.

Usually, the parent who is the primary custodial parent can move away with the children unless the other parent can show that the move would harm the children. However, it’s not always clear whether a custody order is permanent or temporary. If the parents have joint physical custody of the children and one parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children. If you are worried that the other parent is going to move or if you want to move with the child, make sure you contact a Santa Barbara child custody lawyer at Drury Pullen Law before you make a parenting agreement and to also protect your rights as much as possible.

If you want to travel out of the state or country with your children, you will need the other parent’s permission. You should also look closely at your existing custody and visitation court order to make sure there are no restrictions on you leaving the state or your country with the children. If there are limits, you will need a court order to give you special permission. Again, this is something your lawyer will be best at advising you with. If the judge gives you an order letting you to travel, make sure you get it in writing.

Also make sure the order has everything you need, including the dates of travel and and other information so that you can travel with your children safely. Also make sure to carry a copy of the order on you everywhere you go when you travel since you might need to show it to the border patrol, airport staff or any other official that asks to see it.

Every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which sets standards for when a court may make a custody decision and when a court must accept an existing decision from another state. If you are dealing with child custody situations regarding different states, contact a Santa Barbara child custody lawyer at Drury Pullen Law immediately.

Contact Santa Barbara Child Custody Lawyer

Legal issues involving children and custody rights are not only emotionally draining but can get pretty complicated as well that requires the help of a legal attorney. Filing for child custody and visitation rights can be done by married or unmarried parents. Married parents will need to file an action requesting a dissolution of marriage/legal separation or nullity action and unmarried parents need to file an action to establish the parental relationship. We’re here to help! If you are in need of assistance with child custody legal issues. Contact Santa Barbara Child Support Lawyer at Drury Pullen Law for consultation. Call (805) 879-7523 or email us.