Child Custody

Child Custody Lawyers San Francisco

At Warren Major LLP, we have over 17 years of experience in handling family law issues in the San Francisco Bay Area. We’ll work tirelessly to get the best possible outcome for your case. Call us today at (415) 286-5440​ to discuss your legal options and find out what strategy would work best for you.

The legal process can be very emotional, especially involving your children. We will give your case the time and attention it deserves at Warren Major LLP. Call us today for a free consultation.

How Our San Francisco Child Custody Lawyers Will Help You

We must present you to the court in the best light possible during a child custody battle.

Our goal is to show the court that you’re a great parent who always puts your child first.

If your former partner is accused of anything which may challenge their ability to care for your children, we will launch a determined investigation.

The court system wants what’s best for your children, just like you do. Our team of experienced child custody attorneys has helped countless families achieve the most positive result possible when fighting for custody of their kids. With over 17 years in the industry, you can trust that we will fiercely fight for what’s best for your family.

Child Custody Overview In California

According to the California Family Code, child custody decisions are primarily based on ensuring the child’s safety, welfare, and health. Under Section 3020 of the code, the court considers these factors when making a decision.

The Family Code also declares that it is against public policy for children to have a lack of contact with both parents after the parents separate unless being in contact with both would harm the child. The court considers various factors when determining what is in the child’s best interest, as elaborated on below. These factors are listed under Family Code § 3011.

There are two types of child custody: legal and physical.

Physical Custody

The amount of time a child lives with each parent is determined by many factors, including:

  • Where the child goes to school,
  • How much each parent has to dedicate to the child, and
  • Any other factors the court deems relevant to the determination

 

There are two types of physical custody determinations the court can make:

Joint: Under this agreement, the child will spend equal time living with each parent. The court will use the following criteria to determine when the child is with each parent.

Sole: The court may occasionally award sole physical custody to one parent as stated in the California Family Code § 3007. Reasons for this decision could be that it would make more sense logistically for the child if the other parent travels frequently or lives far away. There is also a possibility that this option is chosen if there is evidence of abuse or drug use within the household. The parent with physical custody receives the title of “custodial” parent, while the other becomes the “non-custodial” parent.

The non-custodial parent still has the right to access information and records about the child, including medical, dental, and school records. In other words, if the non-custodial parent wanted attendance or medical records from the child’s doctor or school, they could request them.

Warren Major LLP is available today if you need to speak with a San Francisco divorce lawyer about your child’s welfare or other parent making allegations.

Legal Custody

Legal custody allows you to make major decisions about your child’s life.

  • Education,
  • Health,
  • Religious upbringing, etc.

 

For example, a parent with legal custody will be able to make decisions about their child’s schooling, sports, and recreation activities, and religious instruction. There are two types of legal custody:

Joint: Having joint legal custody enables both parents to be active in decisions about the child’s life, regardless of their physical location. aspects of a child’s life, such as welfare and education, can be determined without being close by.

Sole Legal: According to California Family Code § 3006, sole legal custody means that “one parent shall have the right and responsibility to make decisions relating to the health, education, and welfare of a child.” When one parent alleges abuse or drug use by the other parent, the court may award sole legal custody to one parent. Additionally, if the court believes that parental conflict would prevent them from mutually making decisions regarding their child’s best interests., they may also choose this path.

Best Interests Of The Child Standard

California Family Code § 3080 outlines that usually, joint custody (physical and legal – California Family Code § 3002) is what is best for the child.

If either parent disagrees with this arrangement, the court will hold a hearing to decide what is best for the child based on the “best interest of the child” standard. The court will take into account several different factors listed in California Family Code § 3011, which include:

  • Health, safety, and welfare of the child,
  • Any history of physical or sexual abuse,
  • Nature and amount of contact with both parents, and
  • Habitual or continued use of illegal drugs

 

As a California Court of Appeal stated, the standard is “an elusive guideline that belies rigid definition.” Its purpose is to maximize a child’s opportunity to develop into a stable, well-adjusted adult. (Adoption of Matthew B. (1991) 232 CA3d 1239, 1263, 284 CR 18.). How your case is presented and how the court perceives you is critical. So, make sure to have a competent attorney with a good track record.

Additional Child Custody Considerations

If you want to resolve your child custody matter outside of court, make sure you are confident with the arrangement. The court will give a lot of weight to the existing order should you ever modify it later. Because of this, consulting with our child custody lawyers should be one of your top priorities.

Warren Major LLP has extensive experience handling all family law matters. This includes:

  • Complex child custody matters,
  • Move-away cases,
  • Visitation, and
  • Putting together a parenting plan

 

Unfortunately, child custody disputes often involve third-party experts (known as “730 evaluators”) who give independent feedback to the court. can be complicated and expensive. Please make sure you have an attorney representing your interests.

A lengthy legal battle is rarely in a child’s best interest. Our attornies will focus on negotiating to reach an agreement outside of court. If your ex-spouse chooses not to cooperate, we are prepared to take them on in the trial. With our experience, specifically in San Francisco family courts, you have the upper hand should it become necessary to go to trial.

Contact Our San Francisco Child Custody Law Firm Today

Warren Major LLP’s experienced San Francisco child custody attorneys will evaluate your case for free. Call today to get started on a winning strategy that works for you and your children.
 

Warren Major LLP

101 Lucas Valley Road
Suite 362,
San Rafael, CA 94903
United States (US)
Phone: (415) 286-5440
Email: mmajor@warrenmajorllp.com
URL: https://www.warrenmajorllp.com/

 

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