Southern California Child Custody Lawyers

Child custody is a term used to describe the legal relationship between a parent and a child, not simply where they live. In California, most parents agree to a plan for joint custody, sharing rights and responsibilities, but the details are often hotly contested. In some cases, one or both parents are unfit or abusive, and custody is requested by grandparents or other family members. Child custody can impact the financial obligations for child support, so parents sometimes want to claim to do more in order to pay less. Child custody battles are hard on children, so arriving at an amicable agreement should always be the goal. The family law firm of Envision Family Law can guide you through the process with integrity.

What Is Legal Child Custody?

Legal child custody refers to the legal rights of a parent to make decisions for their children. There are two major types of child custody in the state of California: joint custody and sole custody. Joint custody is when parents share the responsibility of making decisions for their children and sole custody is when only one parent has that legal right. These are some examples of the types of choices and decisions that parents with legal custody make:

• Child care (nanny, day care, parent at home)
• School (public, private, religious, vocational, college)
• Mental health (therapy, in patient treatment, medication)
• Doctors, dentists and orthodontists
• Extracurricular activities (sports, dance, art, chess)
• Travel
• Where the child lives

Parents with joint custody may not always agree on what’s best for their children, so some settlement agreements will allow the parent that spends more time with the children final say in a dispute or require visits with a parenting coordinator to mediate a resolution.

What Is Physical Child Custody?

Physical child custody is where the child lives most of the time, and the other parent is entitled to visits. Joint physical custody where children divide their time equally between two residences is becoming more popular. This can be accomplished in many ways, such as switching homes every week, every month, or on another schedule. In some cases, children live four days a week with one parent and three days with the other because joint physical custody doesn’t need to be divided exactly 50/50.

Can The Noncustodial Parent Claim Their Child On Taxes In California?

In California, tax dependency claims for noncustodial parents are governed by both state and federal regulations. Typically, the custodial parent (where the child resides for more than half the year) has the primary right to claim the child as a dependent. However, the family courts may include specific tax arrangements in your child custody arrangements.

Noncustodial parents can claim their child if:

• The custodial parent releases their claim over the child.
• The custody arrangement expressly assigns tax benefits to them.
• They agree with the other parent to alternate claiming the child in different tax years.

Remember that tax benefits, including the Child Tax Credit and head of household status, have specific eligibility requirements beyond just the custody arrangement. Our attorneys can help negotiate fair tax provisions within your custody agreement that protect your financial interests.

Who Pays Court Fees In A California Child Custody Proceeding?

In California child custody cases, court fees are typically paid by each party individually, but there are important exceptions. Due to a significant income disparity between parents, the court may require one parent to pay some or all of the attorney fees.

Under California Family Code Section 2030, judges evaluate:

• The income and financial resources of each parent
• The complexity of custody issues
• Whether one party has created unnecessary litigation
• The financial burden of legal representation

Our attorneys can help you understand potential fee obligations and seek appropriate fee arrangements based on your circumstances.

What Can Be Used Against You In A Child Custody Case In Southern California?

California courts prioritize the well-being of minor children when determining custody and visitation rights. Actions or circumstances that may negatively impact your custody case include:

• Documentation of negligent supervision or endangerment
• Social media posts showing irresponsible behavior
• Criminal convictions, especially those involving violence or substance abuse
• Unstable living conditions or frequent relocations
• Evidence of parental alienation or speaking negatively about the other parent

Our California custody attorneys can help you present your parenting strengths while addressing potential vulnerabilities in your case. We will work with you to develop a strategy that emphasizes your commitment to the well-being of your child.

The Best Interests Of The Child

If parents can’t agree about custody, a judge will decide what’s in the best interests of the child. To make this determination, the judge will examine the following factors:

• Child’s desires, given more weight as the child gets older
• Record of domestic violence
• Record of drug use
• Record of alcohol abuse
• Parents’ emotional and mental stability

California law supports the right of children to have time with both parents as long as they are properly cared for. It’s unlikely that physical custody will be given to a parent with a history of drug abuse, alcohol abuse or domestic violence, but it might be possible for that parent to participate in decisions about extra-curricular activities and other aspects of a child’s life.

Schedule A Consultation With A Southern California Child Custody Attorney

Settling child custody issues quickly and amicably is always best for the children. That’s why it’s important to hire a California child custody attorney with the skills and experience to negotiate an appropriate solution. Envision Family Law is committed to helping you develop the best child custody agreement whenever possible and to litigating child custody issues effectively when that becomes necessary. Call us at 833-924-3993, or fill out our online contact form.

Suggested Reading

• What happens when a parent violates a custody agreement in California?
• How can I get emergency custody order for my child in California?
• Grandparents’ rights in California
• Avoid these child custody problems in California
• Preparing for a child custody hearing in California