Roseville Child Custody Attorney

ROSEVILLE CHILD CUSTODY ATTORNEY, Sara S. Thompson – Without a doubt, this is the primary focus and concern of the majority of people going through a dissolution or paternity action. The love that a parent has for their child(ren) is unmatched by anything else.

Types of Custody Orders

The physical location of children’s living arrangements in the US has changed over time, according to recent statistics from the U.S. Census Bureau, which is directly related to child custody debates. Approximately 70% of children under the age of 18 lived with two parents in 2020, although the percentage who lived with just their mother had increased since 1968.

The number of children living with their father alone more than doubled between 1968 and 2020. These patterns highlight why custody agreements continue to be a major concern in many family court disputes and reflect evolving family configurations.

There are two ways you can obtain a custody and visitation order. 1) file a motion with the court; or 2) draft an agreement, signed by all parties and the court. When the court is making orders regarding child custody and visitation, they look at what is in the best interest of the child. There are two types of custody orders.

• Legal Custody: Legal custody refers to the right and responsibility to make decisions relating to the health, education, and welfare of a child. Legal custody can be either joint (common in California) or sole (to one parent).

• Physical Custody: Physical custody refers to where a child primarily lives and who they are under the supervision and control of. Physical custody can be awarded to one parent alone (sole physical custody) or jointly. California does not favor one over the other but rather looks to the best interest of the child(ren).

  If one parent is awarded sole physical custody, that means the child(ren) lives with and is under the supervision of that parent. If the parties share joint physical custody, the child resides with both parents and each parent has significant periods of physical custody so that the child(ren) has frequent and continuing contact with each parent.

  Joint physical custody does not mean that the child(ren) has to live with each parent exactly half of the time.

Types of Visitation

The parent who has the child less than half of the time typically has visitation with the child(ren). There are many different types of visitation.

Visitation Schedule: Typically, it is advised to have a visitation schedule that the parties follow. Not every case has the same schedule, and the focus is on developing a schedule that is in the best interest of the child(ren).

Reasonable Visitation: Some cases can have “reasonable visitation”. In these cases, there is no set schedule that the parties follow, but rather, the parties work out the visitation time between each other.

Supervised Visitation: Under some circumstances, the court could order supervised visitation with the supervision done by the party, a neutral third person, or an agency.

No Visitation: If in the child’s best interest, the court could order no visitation.

When child custody and visitation is before the court, typically the parties attend mediation. The mediator can help the parents come up with a custody and visitation agreement. If you and the other parent are unable to come to an agreement and if your case is in a “recommending county,” the mediator can make a recommendation to the court on what they believe is in the best interest of the child(ren).

Best Interests of the Child

When deciding child custody issues in Roseville, California, judges follow child custody laws and must base their decisions on the best interests of the child. The factors judges consider when applying the best interests standard are specific, child-centric issues listed in California Family Code sections 3011 and Code 3020. Courts consider many factors on a case-by-case basis, but some of the most common factors include:

• Health, safety, and welfare of the child. This factor is always considered, and the court prioritizes the child’s physical and emotional well-being above all else.
• History of abuse or domestic violence. If a parent has documented incidents of domestic violence, child abuse, or neglect, the court may take that information into consideration when crafting custody and visitation orders. Parents who have committed acts of violence may be limited to supervised parenting time or other restrictions.
• Nature of each parent’s relationship with the child. California family law places considerable value on frequent and continuing contact with both parents, meaning that the court typically encourages each parent to play an active role in their child’s life.
• Ability of each parent to provide care. A judge may consider the stability of each parent’s housing situation, school routines, medical care, and other factors that affect a parent’s ability to care for a child on a day-to-day basis.
• Issues related to substance abuse and mental health disorders. There is a growing recognition among family court judges that issues of parental substance abuse and mental health should only be considered as they relate to parenting ability and danger to the child, rather than as moral failings.

In general, parents should know that a family law judge does not use custody and visitation as a means to reward or punish them. The sole concern is what is in the best interest of the child.

How Child Custody Cases Work in Placer County

The Roseville child custody process is fairly predictable. Knowing what to expect may help relieve some of the stress associated with litigating your case. To begin, a parent must have an open family law case or file a new case. Typically, custody and visitation orders are issued as part of a divorce, legal separation, paternity, or post-judgment case.

The parent who wants the judge to make custody and visitation orders can file a Request for Order. The parent then attaches a written declaration to the request and may attach other necessary documents.

For Roseville families, custody matters are heard in Placer County Superior Court – Roseville Branch at 10820 Justice Center Drive, Roseville, California 95678.

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Do you need assistance with initial orders or a modification to an existing child custody and visitation order? If so, you should hire a child custody attorney right away. To discuss your circumstances with a compassionate and caring Roseville child custody attorney, contact the Law Office of Sara S. Thompson, PC. ROSEVILLE CHILD CUSTODY ATTORNEY, Sara S. Thompson –916-900-8775