CHILD CUSTODY ATTORNEY IN ONTARIO, CALIFORNIA

A very crucial question in any situation involving co-parenting, whether in a divorce, legal separation, or other circumstances, is who gets child custody and visitation rights. When deciding on a custody arrangement, many factors come into play.  

If you're considering your options for child custody and trying to decide on a fitting arrangement, it’s important that you consult with an experienced California child custody attorney as soon as possible. 

At the Law Office of Shelly Jean John, I understand how complicated and stressful it can be to decide who gets child custody and visitation rights. I have dedicated my career to handling matters of divorce, legal separation, and child custody. As an experienced family law attorney, I will be your legal advocate and handle every aspect of your child custody case with confidence and compassion. 

Also, I will work with all parties involved to settle matters of custody, visitation, and child support in a very mature and effective manner. Even if you need to change an existing child custody arrangement, I can provide you with dedicated and compassionate representation. With me on your side, you can increase your chances of getting the best possible outcome in your child custody case. 

I work with clients in Ontario, Riverside, San Bernardino County, and Riverside County, California, offering guidance and support to all individuals navigating co-parenting arrangements. 

HOW TO ESTABLISH A CHILD CUSTODY ARRANGEMENT IN CALIFORNIA

Although priority is given to parents' and children’s rights, the state also has a definite interest in the child’s welfare and best interests. If you’re going through a divorce or legal separation and need to establish child custody, you’re probably wondering how that works. Actually, there are two main options: 

• Option 1: You and the other parent can draw up your own terms and present them to the court for approval. 

• Option 2: If you and the other parent can’t come to an agreement, you’ll take the case to family court, and the judge will use his or her best judgment to establish a custody arrangement. 

As you can imagine, Option 1 is generally the quickest, least expensive, and most painless option. However, even the most amicable of divorcing couples can fall into traps without proper legal guidance. If you pursue this route, an experienced attorney can help you keep the conversation productive and on track. 

If, on the other hand, you must go with Option 2, you will still want an attorney presenting your case. This gives you the best chance of arriving at the arrangement you believe is best for your family. 

HOW TO MODIFY AN EXISTING CHILD CUSTODY ARRANGEMENT

Once a child custody arrangement has been established, there are certain major life events that give you the opportunity to request a change to that agreement. For instance, if any of the following factors apply to your situation, you may be able to request a modification to your custody arrangement: 

• Loss of job by the custodial parent 

• The custodial parent isn’t holding up their end of the agreement 

• When you believe the child is in danger due to domestic violence in the custodial parent’s house 

• The custodial parent is thinking about relocating to a distant place 

• A change in the work schedule of either parent 

• The custodial parent is acting neglectful, abusive, or in an undependable manner 

• The other parent constantly ignores the visitation schedule that was earlier agreed upon 

• The custodial parent intentionally prevents the other parent from spending the agreed parenting time with the child 

• A change in the mental and/or physical health of either parent 

• The death of the custodial parent 

Before initiating a new child custody proceeding, it is advised that both parents should try to talk with each other first, if possible, and decide upon a mutually acceptable agreement.  

However, if they are unable to work out a new agreement, taking the child custody modification case to court may be the ultimate resolve. An experienced family law attorney can help you understand the entire process. 

FREQUENTLY ASKED QUESTIONS 

WHAT IS THE DIFFERENCE BETWEEN LEGAL CUSTODY AND PHYSICAL CUSTODY? 

In California, legal custody refers to the right and responsibility to make important decisions about your child's life, including education, healthcare, and religious upbringing. Physical custody, on the other hand, pertains to where the child lives and who is responsible for the day-to-day care of the child.  

Both types of custody can be either joint (shared by both parents) or sole (awarded to one parent). 

HOW IS PARENTING TIME (VISITATION) DETERMINED? 

Parenting time, also known as visitation, is determined based on the best interests of the child. The court considers various factors including the child's age, health, emotional ties to each parent, each parent's ability to care for the child, the child's ties to school, home, and community, and any history of family violence or substance abuse.  

The goal is to empower the child maintain a strong, healthy relationship with both parents, whenever possible. 

CAN GRANDPARENTS OR OTHER RELATIVES REQUEST CUSTODY OR VISITATION RIGHTS?

Yes, under certain circumstances, grandparents or other relatives can request custody or visitation rights in California. This typically occurs if one or both parents are deemed unfit or if it is in the best interest of the child to maintain a relationship with the grandparents or relatives. The requesting party must provide compelling evidence to the court to support their request for custody or visitation. 

You may have more personal questions about child custody laws specific to your case. Speaking with an experienced child custody attorney can provide guidance tailored to your unique situation. 

FURTHER READING ON CHILD CUSTODY IN CALIFORNIA

• How Is Child Custody Determined in California? 

• Domestic Violence Restraining Order Effect on Child Custody 

• Your Social Media Accounts During a Child Custody Case