Child Custody Attorneys in Woodland Hills

Protecting Your Parental Rights in Calabasas, Agoura Hills, & Westlake Village

When a couple divorces, they must make many important decisions. One of the most important decisions is determining who will have custody of the children. This decision can be contentious, and if you and your spouse are unable to come to an agreement outside of court, a judge will make the decision for you.

At Nader & Woodcock, our Woodland Hills child custody lawyers have the knowledge, skills, and experience to help you navigate this process and fight for your rights. We understand how stressful child custody disputes can be, and we will be there to guide you through every step.

For more information about our child custody services, contact us online or call (800) 689-0774.

California Child Custody Laws

When determining child custody matters, California courts are required to make decisions based on the best interests of the child. California law also recognizes that it is often in the best interests of the child to have a continuing and meaningful relationship with both parents. For this reason, most judges will grant joint custody unless there is evidence to suggest that this would not be in the best interests of the child.

There are two types of custody in California: legal custody and physical custody.

Legal Custody: Legal custody refers to a parent's right to make important decisions about their child's life, such as their education, health care, and religious upbringing. Parents can have joint legal custody, which means they will share these rights, or sole legal custody, which means only one parent will have these rights.

Physical Custody: Physical custody refers to where the child will live. Parents can have joint physical custody, which means the child will spend a significant amount of time with both parents, or sole physical custody, which means the child will live with only one parent.

Types of Child Custody Arrangements

When determining the best custody arrangement for a family, judges will consider a variety of factors, including the child's age, the child's relationship with each parent, the child's relationship with their siblings, and each parent's ability to care for the child. Here are some of the most common types of custody arrangements in California:

Sole Custody: When a judge grants sole custody, one parent will have both legal and physical custody of the child. The other parent may be granted visitation rights, but they will not have the right to make important decisions about their child's life. This arrangement is typically only used when one parent is deemed unfit to care for the child.

Joint Custody: When a judge grants joint custody, both parents will share legal and/or physical custody of the child. Joint custody arrangements can be tailored to meet the unique needs of the family and can be highly flexible. For example, one parent may have physical custody of the child during the school year, while the other parent has physical custody of the child during the summer.

Primary Custody: When a judge grants primary custody, one parent will have physical custody of the child, and the other parent will have visitation rights. The parent with visitation rights may be granted partial custody, which means they will have the right to spend a significant amount of time with the child, or they may be granted supervised visitation, which means their visits with the child will be supervised by a neutral third party.

How to File for Child Custody in California

Many parents are unsure of how to file for child custody. Here is an overview of the process:

1. File the Initial Petition: To begin the child custody process, you must file an initial petition with the court. You must also serve the petition to the other parent.
2. Attend the Custody Hearing: After the petition has been filed, the court will schedule a custody hearing. At the hearing, both parents will have the opportunity to present their cases. If you and the other parent are able to come to an agreement, the judge will review the agreement and make it an order of the court. If you and the other parent are unable to come to an agreement, the judge will make a custody order based on the best interests of the child.

After the initial custody order has been made, you may file a request for a modification if there has been a significant change in circumstances. For example, you may request a modification if you are concerned that your child is being exposed to domestic violence or substance abuse. If you or the other parent would like to move, you may also file a request for a modification.

Child Custody Evaluation in California

In some cases, the court may order a child custody evaluation. This is a process in which a mental health professional or social worker evaluates the family and makes a recommendation to the court.

During the evaluation, the evaluator will interview each parent, the children, and any other individuals who have relevant information about the family. The evaluator may also observe each parent's interactions with the children and may ask each parent to undergo a psychological evaluation.

After the evaluation has been completed, the evaluator will submit a written report to the court. The report will include the evaluator's recommendations for a custody arrangement. The judge is not required to follow the evaluator's recommendations, but they will be taken into consideration.

Co-Parenting and Custody Plans

California law encourages parents to work together to create a co-parenting plan. Co-parenting plans can be highly flexible and can be tailored to meet the unique needs of the family. For example, a co-parenting plan may include a schedule of when the child will spend time with each parent, a schedule of when the child will spend holidays with each parent, and a schedule of when the child will spend special occasions with each parent.

Co-parenting plans may also include provisions regarding how the parents will make important decisions about their child's life. For example, the co-parenting plan may state that the parents will share joint legal custody and will make these decisions together. If the parents are unable to agree on an issue, the co-parenting plan may provide instructions for how to resolve the dispute, such as through mediation or arbitration.

Contact Our Firm Today

At Nader & Woodcock, our Woodland Hills child custody attorneys will work closely with you to understand your unique situation and help you develop a parenting plan that serves the best interests of your child. We know how important your children are to you, and we will fight to protect your rights.

With over 50 years of combined experience, you can trust us to handle your child custody matter with the utmost care. Contact us today to schedule a consultation with our team.