Santa Barbara Child Custody & Visitation Lawyer

Types of Custody and Visitation Plans

California recognizes legal and physical custody, which can be awarded jointly to both parents or solely to one parent.

• Legal Custody: This order designates which parent has the rights and responsibilities to make decisions regarding the child’s health, education, and welfare. In joint legal custody, both parents share this responsibility, though they do not have to agree on every decision and either parent can make a decision alone. Sole legal custody places all decision-making responsibility on one parent.
• Physical Custody: This determines where the child will reside. Joint physical custody allows both parents a significant amount of time with the child. Primary physical custody occurs within joint orders when a parent spends more than half the time with the child due to school or other obligations. Sole physical custody places the child under the direct supervision of one parent.
• Visitation Plans:Visitation outlines how parents will share time with the children. Plans can include scheduled visitation, open-ended reasonable visitation, supervised visitation when a child’s safety is in question, or no visitation at all

How Courts Decide: The Child’s Best Interests

Regardless of parentage or custody type, the court always prioritizes the best interests of the child. The court evaluates several factors, including:

• The child’s age, health, and ties to their school, home, or community.
• The emotional relationships existing between the child and the parents.
• The ability of the parents to provide care for the child.
  
• Any history of domestic violence, family violence, or substance abuse.

Complex Custody Issues: Relocation, Violence, and Enforcement

Child custody arrangements can become complicated by external factors, requiring careful legal navigation:

Domestic Violence

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 a court finds a parent has perpetrated domestic violence against the other parent or children within the last five years, the judge assumes that the abusive parent should not have sole or joint custody. The court can look at corroborating evidence from law enforcement, child protective services, and medical facilities.

Move Away Cases and Travel

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.

A parent with sole custody has a presumptive right to move, while a parent with joint custody must show the court that the move is in the child’s best interest. Out-of-state or international travel requires the other parent’s permission or a specific court order outlining the travel dates.

Enforcement

Whether through mutual agreement or court order, custody and visitation orders are legal parameters that parents need to follow. While most parents adhere to the orders that are given, there are others who choose to disregard them. If your former spouse fails to follow the directives of the custody and visitation orders, you are entitled to take legal action against them, which can modify the current orders.

Parents are entitled to take legal action to modify orders if a former spouse habitually misses scheduled visitation, purposely withholds custody, or violates court orders. A filing for contempt of court can result in fines and jail time for the non-compliant parent.

FAQs

When Should I Hire a Santa Barbara Child Custody and Visitation Lawyer?

Legal issues involving children are not only emotionally draining but can get very complicated, requiring the help of a legal professional. You should seek the help of an expert attorney whether you are beginning the divorce process, filing to establish a parental relationship, or need modifications or enforcement for already established court orders.

How Much Does it Cost to Go to Court for Child Custody in California?

Attorney fees generally fall between $3,000 and $20,000. Costs vary depending on the required amount of mediation and the number of necessary court appearances.

How Much Custody Can a Father Get in California?

The gender of the parent plays a minimal role in determining custody. The state typically seeks to award joint custody so the child can build meaningful bonds with both parents, prioritizing the child’s best interests.

What Happens at a Custody Hearing in California?

Hearings generally last about 30 minutes. Both parties will get to speak, starting with the parent who filed the request, before the judge asks questions and makes a temporary or final determination.

Contact Santa Barbara Child Custody Lawyer

If you are in need of assistance with divorce or child custody legal issues, contact an experienced Santa Barbara child custody and visitation lawyer at Drury Pullen Law for a consultation. Call (805) 879-7523 or email us.