Visalia Child Custody Lawyer

If you are facing a divorce or legal separation in California, child custody will be one of the most crucial matters to resolve. Child custody issues can be complicated and emotionally charged and may require the assistance of a Visalia child custody lawyer who can walk you through every legal step and help you face every challenge head-on. Your attorney from Chase Family Law can commit themselves to protecting your parental rights. We are here for you.

At Chase Family Law, our family law attorney has over 30 years of experience assisting folks who face a wide range of family law issues, including divorce and child custody battles. He has worked on thousands of these cases and is ready to put his knowledge and experience to use in your custody case.

At Chase Family Law, we understand the harm that can be done by a lengthy custody battle to both parents and children and hope to quickly find a solution that suits the needs and desires of you and your children.

Defining Child Custody in Visalia, California

When going through a divorce or legal separation, one of the first things you will be required to do is to come up with a child custody and visitation schedule. This schedule must be signed by a judge before it can become legally enforceable. If the parents involved can come to an amicable agreement regarding child custody on their own, they can submit that agreement to the judge without a lengthy court battle.

However, if an agreement cannot be reached by the parents on their own, they will both need to appear in court, and the judge will make a final determination regarding the custody of their children. When making this determination, the courts will take several factors into account. These factors will help determine what the courts believe to be in the best interest of the child.

The factors often involved in this decision include:

• The safety, health, and welfare of the child when with their individual parents
• The age and health of the child overall
• Each parent’s individual abilities to provide for their children
• The child’s ties to their current community and school
• Any history of domestic violence on the part of either parent
• Any history of substance or alcohol abuse on the part of either parent
• The relationship each parent has with the child
• The living situation at each parent’s home

In California, there are two main types of custody: physical custody and legal custody.

Physical custody refers to the amount of time the child will spend living with each of their parents. The awarding of this form of custody can depend on many factors, including where the child attends school and how much time and energy each parent dedicates to the child.

In a physical custody arrangement, the court makes two kinds of physical custody determinations. These include:

• Joint custody. This form of physical custody allows the child to divide their time between both parents. Keep in mind that this may not be an exact 50/50 division.

• Sole custody. This form of physical custody is awarded to one parent, the custodial parent. The other parent is considered to be the noncustodial parent. In many cases, the noncustodial parent may be required to pay child support.

Legal custody refers to the parent’s ability and responsibility to make major decisions regarding their child’s education, extracurricular activities, medical concerns, religious upbringing, and overall well-being. Similar to physical custody, legal custody can be broken down into the following two subcategories:

• Joint custody. This formal arrangement allows both parents to have a say in the upbringing of their child. Joint legal custody is more often awarded than joint physical custody due to the fact that the parent’s physical location is not as relevant.

• Sole custody. In these cases, only one parent is allowed the right and duty to make certain decisions regarding their child’s life. This can occur in situations where one parent has a substance abuse or domestic violence issue.

Be aware that there are several mistakes you will want to avoid making during a child custody matter, including speaking poorly about your co-parent in front of or to your children, alienating your children away from your co-parent, seeking sympathy from your child, and refusing to maintain communication with your co-parent.

How to Prove a Parent Is Unfit for Custody

In most cases, a judge will try to ensure both parents can remain in their child’s life. However, this kind of arrangement may go against what they believe to be in the best interest of the child and place the child at risk. This can be due to the fact that they believe one of the parents is unfit for custody. To determine whether a parent is unfit for custody, a court will look at the following factors:

• The ability of the parent to provide their child with a safe and stable living environment
• The preferences and feelings of the child regarding their parent, depending on age and maturity
• Any history of child abuse or neglect on the part of the parent
• Any history of substance abuse on the part of the parent
• Any mental illness that the parent may suffer from that could prevent them from carrying out their parental role
• Any current or previous domestic violence allegations or convictions

It is vital to remember that even a mere accusation against one parent of parental unfitness is a serious legal matter and should be done with the assistance of an attorney, as you will need substantial proof to support your claim. If your claim turns out to be false, this could harm your chances for child custody.

Speak With a California Child Custody Lawyer Today

If you are seeking a divorce or legal separation in Visalia, California, and are undergoing a difficult child custody battle, the family law attorney at Chase Family Law is here for you. Contact our office today to schedule your initial consultation and learn more about our services.