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Tulare Child Custody Lawyer

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Tulare Child Custody Attorney

Child custody can be a fraught topic full of emotion and tension, whether it’s part of divorce or even in cases in which the child’s parents weren’t married. Both scenarios have their own set of challenges, and seeking counsel from a Tulare child custody lawyer to help guide you through the legal process is often a smart decision that you won’t regret.

Chase Family Law was built on compassion and tenacity, with a priority on resolving family law issues amicably. Brian N. Chase approaches family law with objectivity and clarity and is prepared to aggressively litigate if necessary. He will fiercely protect the rights of his clients as well as those of their families.

When making decisions regarding child custody, it helps to understand how California law defines legal custody. There are several types of custody defined by California family courts. They are further explained below.

  • Joint legal custody. Both parents share custody equally when they have joint legal custody. They both have equal rights to make decisions on behalf of the child. Whether they make those decisions together or solely, both have the right to do so.
  • Sole legal custody. Only one parent can make decisions for the child when they have sole legal custody. Sole legal custody is not awarded often, and typically only because one parent is believed to be unable to make decisions for the child that are in their best interest.
  • Joint physical custody. When the child spends time with both parents, it is considered joint physical custody.
  • Primary physical custody. When the child resides with one parent primarily and has regular visitation time with the other parent, it is referred to as primary physical custody.
  • Sole physical custody. When the child resides with one parent primarily and has limited visitation with the other parent, it is referred to as sole physical custody.
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When Parents Can’t Agree on Custody

In many cases, when parents disagree on custody, the only option outside of letting a judge decide for them is to come to a compromise. Mediation can be useful in these circumstances in helping parents come to an agreement.

In some child custody cases in Tulare County, the courts refer families to Child Custody Recommending Counseling, or CCRC. This is a counseling program that helps families who cannot agree on a parenting plan to work on their own plan individually to present to the court for influence on the final judgment.

If mediation doesn’t work, the judge will consider the facts of the case using certain factors to determine what is truly in the child’s best interest. Factors that can affect a judge’s decision include the following:

  • The mental and physical well-being of the child, including any medical needs of the child
  • The child’s age
  • The child’s relationship with each parent
  • The child’s relationship with half-siblings
  • Whether one parent has a history of substance abuse disorder
  • What school will the child attend, and how will that be affected
  • Any involvement in school or community activities of the child
  • Relationships with other family members, such as grandparents and their locations

When the court deems it necessary, parents are sometimes ordered to attend co-parenting classes. Both parents attend classes individually in an effort to improve communication about parenting and improve their co-parenting skills.

According to the Census, the number of children living with just their mother has doubled in the last half-century, which makes co-parenting all the more important so that children can have a thriving relationship with both parents, regardless of which parent they live with.

FAQs About Tulare, CA Child Custody Laws

How Much Does a Child Custody Lawyer Cost in California?

The cost of a child custody lawyer in California can vary. The complexity of the child custody case can also alter the cost of legal fees. For example, child custody as part of a divorce would likely cost more than a custody-only case, though the opposite could also be true in certain circumstances. To gauge the true cost of a child custody lawyer, you would need to discuss your case with a trustworthy attorney in your area.

Who Wins Most Child Custody Cases?

Historically, mothers have won more custody cases, but the traditional stereotypes of gender roles in raising children are changing slowly. More fathers are winning custody now than in the past, as courts increasingly view each family as unique and give greater consideration to which arrangement serves the child’s best interests. In fact, from 1994 to 2018, the percentage of custodial fathers increased from 16% to 20%.

What Rights Do Fathers Have in California for Child Custody?

Fathers have the same rights as mothers in California regarding child custody unless the court has ruled otherwise. Fathers are awarded both joint and sole custody every day and have the ability to enforce their rights just like mothers. When parents share custody, both have equal rights to make decisions regarding their child’s religious, educational, and medical welfare. A report from 2018 identifies California as giving fathers, on average, 32.8% of parenting time.

How Long Does a Child Custody Case Take in California?

There is no set time that defines the length of a child custody case in California. These cases vary from months to years. The timeline of each case is unique, as the factors that propel cases are different in every situation. For instance, conflicts between parents and court schedules are major delay factors in custody cases. At the same time, cases that aren’t overly complicated with extraneous matters wrap up fairly quickly.

Seeking Advice From a Trustworthy Tulare Child Custody Lawyer

If you are looking for a Tulare child custody lawyer who knows the system and respects the family unit of any shape and size, Chase Family Law would like the chance to make a difference in your case. These are important decisions for yourself and your child, and our family law attorney is highly respected in the courts as well as by our clients. Contact Chase Family Law to discuss your case.

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