Fresno Child Custody Lawyer

If you are facing a divorce or separation in California and there are minor children shared between you and your spouse, you need a Fresno child custody lawyer. Without the assistance of an attorney, your parental rights can be left unprotected, and you may even inadvertently do something that could harm your chances for custody. You need someone on your side who is prepared to protect your rights and ensure your child’s best interest is a priority.

At Chase Family Law, our family law attorney understands that it is usually in the child’s best interest for the parents to come to an amicable arrangement regarding their custody or visitation schedule. However, this is not always a possibility, especially in divorce or separation cases of high contention.

When you and your co-parent cannot find common ground through legal negotiation, the family law attorney at Chase Family Law can advocate for your interests in court.

Defining Custody in Fresno

When a divorce or legal separation is inevitable, one of the first steps that will be required of you and your spouse, in cases where minor children are involved, is to create an official visitation and child custody schedule. This is also referred to as a parenting plan and will need to describe how the children will be cared for, where they will primarily live, and at what times they will see the noncustodial parent. In California, parenting plans must be in the best interests of the child.

There are two types of custody in California, including:

• Legal custody. The parent(s) who can make the important decisions regarding their child’s health, education, welfare, religious upbringing, and extracurricular activities.
• Physical custody. This concerns which parent your child will primarily live with most of the time. Keep in mind that most physical custody orders, even joint physical custody orders, will most likely not allow a perfectly even division of the child’s time between the two houses. One parent will most likely remain the primary caregiver or custodial parent.

In a parenting plan, parenting time or visitation rights can be granted to the parent with less custody. There are four main types of parenting time orders in California, including:

Reasonable Parenting Plan

These custody orders tend to remain more open-ended and allow the parents to work out the custody or parenting schedule on their own terms. This type of parenting plan can work well if the parents can get along, be flexible with one another’s schedules, and communicate well. However, in more contended situations, this kind of parenting plan can create further issues.

Parenting Plan With a Schedule

In many child custody cases, it can help both children and their parents to have a parenting plan or custody schedule that is more set in stone. This can include the dates and times that a child will be spending with their parent. This schedule can include holidays, vacations, or special occasions like birthdays, Mother’s or Father’s Day, and other important family dates.

Supervised Parenting Time

This form of parenting plan can be used when there are concerns regarding the child’s safety or overall welfare with the other parent. These visits take place with the noncustodial parent and can be supervised by the custodial parent, another trusted adult, or someone working for a professional agency. It can be used in cases of paternity action when the child and father might not be familiar with each other.

No Visitation

This can occur when only one parent retains all forms of custody and no visitation rights are awarded to the noncustodial parent. This might happen if it is believed that the noncustodial parent could pose a physical or emotional threat to the child.

Best Interests of the Child in California

If the parents involved in the custody case cannot agree on a parenting plan by themselves through mediation or a collaborative divorce, they will need a judge to decide for them. To make this determination, the judge will look at certain factors to decide what is in the best interest of the child. These factors can include the following:

• Any history of domestic violence on the part of either parent
• The health and age of the child in question
• The emotional ties between the child and their parents
• The child’s connections to their current school, community, and home
• The ability of each parent to care for their child’s needs
• Any continued regular or history of substance abuse by either parent

Mistakes to Avoid in a Child Custody Case

Navigating the difficulties of child custody can be extremely stressful and exhausting, and it can be easy to take certain actions or say certain things that could harm your case for custody. There are certain mistakes you will want to avoid making during a custody battle, including the following:

• Speaking negatively about your co-parent in front of your children or directly to your children. This can cause your child to suffer intense amounts of emotional distress, alter the child’s perception of their other parent, result in further escalation in the case, and even have legal implications, as courts can view this behavior in an unfavorable light.
• Seeking your child out for sympathy. This can lead to a reversal of roles that can be extremely unhealthy and cause parental alienation. The involved courts might see this as a lack of parenting that focuses on the child, and it can affect the judge’s decision regarding custody.
• Communicating poorly with your co-parent. This can disrupt several areas of your child’s life, including their medical care, social development, and education. Many court decisions regarding child custody will base a portion of their determination on how the parents can communicate.

Speak With a Fierce Child Custody Advocate Today

If you are facing a child custody battle in Fresno, contact Chase Family Law. These legal situations can be extremely difficult, and you deserve someone on your side who is experienced and willing to fight aggressively for you and your child’s best interests.