Fremont Child Custody Lawyer

Fremont Child Custody Attorney

If you are facing a divorce or separation and have children, you are most likely feeling anxious over the highly contested topic of child custody. This is understandable. As a parent, you want whatever happens to be in the interest of your child. It can be difficult for two people to agree on this subject, however, especially when emotions are running high. It is, therefore, essential to have the legal support of a Fremont child custody lawyer.

At Tierney Law Group, we understand that no two child custody battles are alike and that each deserves tailored care, counsel, and representation. We are ready to fight to protect your rights as a parent and the needs of your children who are involved in this difficult situation. We understand how emotionally complicated these cases become and are ready to give you the attention you deserve.

What Factors Determine Custody in California?

When parents decide that divorce or separation is what is right for them and their family, their children will be impacted in several ways. When the former couple cannot reach an agreement outside of the courtroom on topics such as child custody, they will have to face a judge, who will make this determination for them. The courts in California determine custody and visitation arrangements based on a list of several factors. These can include the following:

• The interests of the children involved
• Any history of drug use on the part of either parent
• Any history of domestic violence on the part of either parent
• The child’s wishes, which are only to be considered if the child is of a certain age and maturity level
• The overall health and mental stability of each parent

In California, children have the right to spend time with both parents as long as that time is safe and the child is cared for in the way they need.

Tierney Law Group: Defending Your Rights as a Parent in Fremont

For over 20 years, the attorneys at Tierney Law Group have been helping California parents by representing their interests in child custody cases or battles for visitation rights. We understand that these are emotionally trying times for you and your loved ones, so we offer the legal and compassionate support you both need and deserve. We can assist in many areas of custody-related issues in Fremont, including:

• Any necessary evaluations of custody rights
• Visitation rights
• Paternity disputes, which can include DNA testing
• Child support disagreements
• Parental alienation scenarios
• Parent relocation circumstances
• Child abductions

If you want what is in the interest of your child, ensuring their health and safety above all else can be done with the aid of an attorney from Tierney Law Group.

Defining the Interests of the Child

In California, there is a presumption that it is in the interest of the child for there to be joint custody shared by both parents. However, when one or both parents challenge this, the courts will hold a hearing to determine what is actually in the interest of the child. There are several factors that the courts will use to base their decision on. These can include the following:

• The health, safety, and overall welfare of the child with each parent
• Any history of drug use, physical or sexual abuse, or domestic violence on the part of either parent
• The amount and nature of contact the child already has with both parents
• The mental stability and overall health of the parents
• The age of the child
• The desires of the child

Timeline of a Child Custody Case

The timeline of a child custody case can depend on several factors. Typically, these cases can last anywhere from a handful of months to several years, depending on the contentions involved in the case. However, the most common factors that influence the timeline of a child custody case include the following:

• The availability of the courts
• The location in which your child custody case occurs
• The nature of your case, such as whether divorce is involved or just separation
• The relationship between the parents and their willingness to cooperate and compromise
• Any special circumstances that may be involved, like a history of abuse or domestic violence or any history or existence of mental illness
• Having an attorney to represent you and your interests

FAQs

Q: What Are the Forms of Custody in California?

A: There are two main forms of custody in California. These include physical and legal custody. Physical custody designates the parent with whom the child primarily resides. It can be broken down into joint physical custody, wherein the child splits their time between both parents, or sole physical custody. Legal custody refers to the parents’ ability to make decisions for their children regarding healthcare, education, and welfare.

Q: How Much Does a Child Custody Lawyer Cost in California?

A: In California, one cannot determine beforehand how much a lawyer might cost to represent you in a custody battle. This is because each case and attorney are different. However, several factors will impact all these cases. These include the overall duration and complexity of the case as well as the attorney’s experience and effort.

Q: What Is Custody Mediation in California?

A: In California, mediation is a common way for parents to work together for the good of the children involved. The process often involves both parents, their attorneys, and a third-party mediator. This mediator will not have the same powers as a judge, but they can facilitate productive conversations to help the parents find fair and equal compromises.

Q: What If I Don’t Have Physical Custody but Still Want Visitation Rights in California?

A: If you do not have physical custody of a child, meaning that they do not spend any time at your home or residing with you, you have the right to go to the courts and appeal for visitation rights to your child. You can request scheduled time with your child as long as you can demonstrate that this visitation time is in their interest.

Consult a Compassionate Family Law Attorney Today

When looking for compassionate counsel and representation during any family law matter, it is wise to turn to the team at Tierney Law Group. We are here to support you and your loved ones through this difficult process and offer our legal guidance throughout your case. Contact our offices today to schedule your consultation.