Fresno Child Custody Lawyer

Helping You in Your Custody Case

When parents are no longer together, who their child or children live with the majority of the time is a big question. Often, both parents would like to have full custody of their children, and coming to a compromise can be a difficult process. Everyone involved wants what is best for the children, but there can be disagreements about what that means. Whether your children would be better off with one parent most of the time or in a joint custody arrangement with shared time between the two homes is a complicated decision.

If you and your co-parent cannot work out a mutually agreeable arrangement for custody and parenting time, the courts will have to decide who will have custody or whether it will be shared. The assistance of a knowledgeable and experienced child custody lawyer is crucial for ensuring that your child custody case has the best outcome possible for you and your children. Call Bains Law Offices in Fresno today at 559-282-8924 to talk about getting a skilled lawyer on your side in your custody case.

What Is Physical Custody?

Physical custody refers to the time that a child is in one particular parent’s care. A parent can have sole physical custody, meaning that the child spends all of his or her time with that parent and the other parent may have limited times for visitation but does not live with the children, or joint physical custody, meaning that the child spends roughly equal time living with each parent. The time in each household does not have to be exactly equal in California, but significant amounts of time must be spent with each parent, and the time must be close to equal for it to qualify as joint physical custody.

What Are Some Common Parenting Time Schedules?

Determining a parenting time schedule is one of the more complicated aspects of a child custody case. It’s possible to determine a unique schedule that works well for your family if both parents are in agreement; otherwise, it’s likely that a judge will order one of the following schedules — or a similar one — if you have joint custody:

• Week on, week off: In this schedule, the parents trade off weeks so that the children spend an equal amount of time with both parents. This is generally considered a better schedule for older children, such as teenagers, because a full week may be too long for younger children to go without seeing a parent
• 2-2-3: This schedule is common for young children, such as those in preschool or the lower elementary grades. The children spend two days with parent A, two days with parent B, and then three days with parent A. The schedule then repeats but switches to the other parent: two days with parent B, two days with parent A, and three days with parent B. This also ends up with an equal time split between the parents but ensures that the children are only a day or two away from getting to see the other parent again
• 2-2-5-5: This schedule is similar to the 2-2-3 plan detailed above but has longer five-day stretches. The parents may decide to switch from a 2-2-3 schedule to a 2-2-5-5 as the children get older

It’s normal not to want to be separated from your children for days at a time, and these schedules can take some time to get used to. If you have concerns about how your children are adjusting and believe that a different schedule or custody arrangement may be necessary, talk to an attorney at Bains Law Offices.

What Is Legal Custody?

Legal custody refers to the ability of a parent to make choices for their children, such as decisions around schooling, medical care, and religious upbringing, for example. Like physical custody, legal custody can be sole or joint. If parents have joint legal custody, regardless of who has physical custody, each parent has an equal right to make decisions about the child’s life. It is common for parents to retain joint legal custody, even when one of them has sole physical custody of their children.

What Happens If the Parents Don’t Agree on a Decision?

In joint legal custody situations, either parent can make minor decisions about their children without the agreement of the other. This includes things like whether to give them over-the-counter medications or allow them to sleep over at a friend’s house. However, in joint legal custody situations, the parents generally have to agree on any major decisions, especially those related to medical treatment, education, or religious upbringing.

If the parents can’t come to an agreement about a significant issue related to the child, they may have to bring it before a family law judge. The judge will listen to both parents’ arguments and make a decision that is in the best interests of the child. In situations where there are repeated issues with the parents disagreeing — sometimes referred to as a high-conflict child custody dispute — the judge may eventually award decision-making power to one parent.

What Are the Steps for Determining Child Custody?

One way to determine child custody is for the parents to agree on the terms of parenting time and decision-making. If the parents are in agreement and both stick to that agreement, no court order is needed. However, these contracts are difficult to enforce. In cases where the parents cannot come to a mutually agreeable plan for custody of their children or want an enforceable order in case one parent does not comply, the court must be consulted. In determining child custody, the court must do what is in the best interest of the child. Some of the factors the courts may consider include how much time the child spent with the parents before the divorce, the ability of either parent to foster a positive relationship between their child and the other parent, and whether there was any evidence of domestic violence or abuse.

The first step required in California is to meet with a mediator who will help parents come to an agreement that both can live with. If this proves impossible, the custody mediator can give a written suggestion to the court as to what they believe is the best parenting plan, considering the age and health of the child, the child’s emotional ties to each parent as well as to school and community, the ability of each parent to care for the child, and any history family violence or substance abuse, among other factors.

Can Custody Orders Be Modified?

Custody orders can be modified as things change for the children or the parents as time passes. There are generally two ways to do this. The first is for the parents to agree on the modification. As long as the change is reasonable and both parents are in agreement, the judge will usually modify the order.

If the parents do not agree on the modification, the parent requesting the change will need to show that it is in the best interests of the children. This usually means that they need to show evidence that there has been a significant change in circumstances so that the current order is no longer in the best interests of the children. Common reasons for a custody order to be modified include a parental relocation, safety concerns, or one parent repeatedly not complying with the current order.

How Are Custody Orders Enforced?

California child custody orders are legally binding, and there are repercussions for parents who do not follow the court order. If the other parent is repeatedly and intentionally violating the court order, you can file a motion for the other parent to be found in contempt of court. This can result in fines and even jail time for the noncomplying parent. In severe cases, the judge may change the order to remove joint custody from the noncomplying parent.

What If the Other Parent Refuses to Pay Child Support?

There are legal consequences for not paying court-ordered child support; however, the payment or non-payment of support does not affect custody. These are two separate court orders. Therefore, non-payment of child support does not allow a parent to keep the child from the other parent during times that they are guaranteed under the terms of the child custody order. In such cases, the parent who is owed child support can ask for a modification of the custody order, which may or may not be granted by the judge.

Custody issues are some of the most complicated parts of any family dispute. Nothing is more important than making sure that your children’s interests and rights are protected. Call today at 559-282-8924 for experienced and caring legal counsel. Our Fresno child custody attorneys are here to help you through your custody case.