If you have children with someone with whom you no longer share a relationship, you may be confronted with intimidating child custody and visitation issues. To successfully navigate a child custody case, every parent needs to understand how child custody works in California and recognize the value of working with experienced Sacramento child custody attorneys.
Regardless of your marital status, you retain certain parental rights when it comes to legal and physical custody of your children. Knowledgeable family law attorneys can help you protect those rights while advocating for your child's interests and their future.
At the Ewing Law Group, PC, our team of Sacramento child custody attorneys knows that child custody and visitation are some of the most important issues facing parents while they pursue a divorce or separation. With over two decades of combined experience, our team is committed to protecting the rights of you and your family.
We can guide you through every step of this challenging situation, help you approach your child custody determination with greater confidence, and provide you with the legal experience necessary to pursue the most favorable outcome for all parties involved.
Child custody refers to rights and responsibilities shared between parents to appropriately provide for their children. Two kinds of custody exist – legal custody and physical custody. Legal custody involves the ability to make important decisions on behalf of your children, such as:
Legal custody may be sole, in which one parent makes such decisions without needing to consult the other, or joint, in which both parents work together to make these decisions. Even in cases of joint custody, both parents are not required to reach an agreement in every situation. To prevent problems from developing and avoid going before a judge to solve them, the parents should openly and honestly communicate with one another and promote cooperation and collaboration while considering important decisions.
In 2022, across the United States, approximately one in four minor children lived with only one parent. Physical custody defines which parent the children will live with, and, similar to legal custody, may be either sole or joint. Sole physical custody, also called primary custody, means the children spend the majority of their time living with one parent. In contrast, joint physical custody means the children reside with both parents.
Because splitting time into two equal halves usually proves difficult, the children typically spend more time with one parent. The parent who holds physical custody over half of the time is called the primary custodial parent.
A judge may order joint legal custody but sole physical custody. This arrangement allows both parents to share the decision-making responsibilities inherent in raising a child while stipulating that the child mainly resides with one parent.
In the United States in 2022, 22 million children had one parent who lived outside of their household. Of these families, 78.2% of custodial parents were mothers, while 21.8% of custodial parents were fathers. Non-custodial parents may have rights to see their child.
Along with determining custody, you must make decisions concerning visitation or guidelines governing how the non-custodial parent may spend time with the children. Visitation orders vary based on a range of factors and may take any of the following forms:
Taking on a custody case can be an overwhelming task, and it’s important to understand the ins and outs of the local court system to make your life easier. The William R. Ridgeway Family Relations Courthouse, located at 3341 Power Inn Road, typically oversees child custody cases. Business hours for this specific courthouse are on weekdays between 8:30 A.M. and 4:00 P.M.
Public parking at the courthouse is available in the east lot, where visitors can park and then pay at the kiosk machines near the exit to Ramona Avenue and next to the elevators. For those who do not drive, a free shuttle from the Power Inn Light Rail Station to the courthouse is available every weekday between 6:00 A.M. and 6:00 P.M.
As you walk into the courthouse, a children’s waiting room for minors aged one to 12 is available if needed. This room is located in Room 111 on the 1st floor of the courthouse and operates on weekdays from 8:15 A.M. to 12:00 P.M. and 12:45 P.M. to 4:30 P.M.
Hearing schedules at the William R. Ridgeway Family Relations Courthouse vary depending on the assigned judge and department. Hearing dates for child custody and visitation matters are assigned by the court. You should check your court paperwork to confirm the date, time, and courtroom for your case.
In a child custody case, the ultimate decision concerning child custody may fall into the hands of the judge overseeing the case. California state statutes place a strict requirement on family court judges to strongly consider the “best interests” of the children involved.
While this may seem like a vague standard, the reality is that the judge must use the evidence and facts in play when ruling on child custody and visitation. The courts strive for the child to have reasonable access to both of their parents and experience minimal disruption to their life.
To decide what serves in the best interests of the child, the judge may carefully assess a number of interrelated components. These include the age and health of the child, the proposed living arrangements, the ability of the parents to properly care for the children, the emotional connection between the parents and child, the child’s educational requirements, and whether a parent has a criminal record or a history of substance abuse or domestic violence.
Even if they are in the midst of a divorce, leaving a decision this significant in the hands of a judge can be difficult for parents. The decision often depends on multiple factors and results in a complex but legally binding child custody arrangement that aligns with state laws.
The judge may not have any knowledge of the personal issues within the family and feel beholden to strict legal statutes, ultimately deciding a child custody arrangement that may be legally satisfactory but fails to account for the unique individual needs of the children involved in the case. This is why you should hire a child custody attorney from the Ewing Law Group, PC, experienced in the complexities of child custody cases.
Child custody forms the basis of many disputes surrounding the divorce process. Many parents feel they can reach a better agreement by negotiating child custody on their own terms instead of leaving the decision up to a judge.
As an alternative to traditional court-ordered custody arrangements, California law accepts written parenting plans drafted by the parents. These plans determine how decisions involving the child will be made, who will retain physical custody of the child, and what responsibilities are expected of the parents while caring for the child.
Whether you are involved in a divorce or just a custody case, it can be helpful if the parties can negotiate a resolution on their agreed-upon terms. Negotiating a divorce and/or custody case is a relatively straightforward process that can allow both parties to save significant amounts of money on legal fees while simultaneously expediting their case.
If you and your spouse can negotiate a parenting plan that is mutually agreeable and imposes no unreasonable restrictions or requirements for your children, you have more control. It is possible to keep the child custody decision entirely in your own hands.
The child visitation lawyers at Ewing Law Group, PC can help you through every step of this negotiation process and draft the agreement so that it may be accepted by the court as a binding court order. Our Sacramento child custody attorneys possess decades of experience in family law and can help any parents work together to reach an amicable resolution.
In some situations, a third-party mediator may be needed for parents to resolve disputes and develop a mutually beneficial solution to custody arrangements. Mediation, also referred to as Child Custody Recommending Counseling in California, offers many benefits to those involved in family law disputes. This process allows you and your child’s other parent the ability to maintain control over the outcome of your case.
A mediator can assist in creating your parenting plan while providing actionable tips for encouraging productive exchange between parents and avoiding problems moving forward. They make no legal decisions on your behalf, but help both parties come to a mutual decision.
This can be especially beneficial to parents who need to maintain a healthy relationship in the future for the sake of their child. Mediation helps parents avoid the public display of the courtroom, save costs associated with court, and resolve their case in a more timely manner, avoiding the stress of court calendars.
Once you have successfully drawn up your child custody agreement, your attorney can submit the proposal to a judge for final review and approval. At this point, the judge simply verifies that the proposed agreement does not violate California state law and is reasonable given the circumstances and needs of the children.
If no agreement can be reached between parents, the mediator can make their recommendations to the court, and the judge may have the final say. Sacramento County is a “recommending” county, which allows the mediator in charge to offer their professional opinions to the court about a proposed parenting plan.
Before your Child Custody Recommending Counseling appointment, it’s important to meet with your attorney to discuss your case and how to behave during the meeting. Come prepared with full documentation and a calm and collected attitude. Your lawyer can take care of negotiations and help steer the conversation, making it vital to work with an attorney that you can trust from Ewing Law Group, PC.
In situations where the parents are unable to reach an agreement on their own, hiring the services of a Sacramento child custody attorney becomes absolutely imperative. The litigation process in such a case tends to involve a variety of factors, require compliance with certain court procedures, and take a lengthy amount of time to conclude.
Each party may conduct discovery by requesting information from the other party that may be relevant to the case, including medical, educational, and financial records. The court may hold a hearing in which parents offer testimony arguing the validity of their custody claim and can request the court call witnesses familiar with the unique circumstances of the case to support this claim.
After you have negotiated or litigated your way to a child custody case, new issues may arise that neither party predicted. Unpredictable things happen all the time. A sudden change in your income, the need to move, the development of a medical issue, or the educational needs of the children could compel you to revisit your custody case.
Family law offers the unique opportunity to submit post-judgment motions to alter existing family law orders. For example, if you have been granted a set amount of visitation and are required to pay child support, you may need to file a post-judgment motion if you lose your job and are unable to pay the full amount of child support each month.
You may also be in a different situation than when the visitation orders were made and would like more time with your children. It is also possible to file a post-judgment motion to account for moving, changes in children’s needs, and medical care. Your child custody attorney can help you assess the recent changes in your life and help you determine the most appropriate time and method for filing post-judgment motions.
When you need legal representation in a case where the custody of your children is on the line, it is essential to choose an attorney who has established experience handling cases similar to yours. At the Ewing Law Group, PC, our attorneys have more than 20 years of experience handling cases involving complex child custody and visitation issues.
If you want a Sacramento child custody lawyer with years of professional experience and a keen understanding of California child custody statutes, contact our office. Our firm is available to help you with your case.
We believe in personal attention for every client we represent. If you entrust your custody and visitation case to our team, we work to do everything we can to keep you fully informed about your case proceedings. We can help you build a strong case for child custody and navigate the aspects of your case, whether you decide to negotiate or litigate.
A: Yes, a child custody order may be modified once approved by the court. Courts in California understand that life circumstances change, and the original court order may not fit your family anymore. Modifications can be requested if significant changes have happened, such as a career move, a promotion, loss of income, or the birth of a new child. Once you file your modification request, you can work with the child’s other parent to negotiate a new parenting plan.
A: If one parent wants to move out of California, they cannot do so if it interferes with the existing court order. They must inform the other parent of their desire to move, and a judge can then decide whether or not to modify the existing court order to allow the relocation. As with any other aspect of a custody case, the court prioritizes the child’s interests and whether the change benefits them.
A: If your child’s other parent refuses to follow the custody order, it’s important that you continue to follow the order on your end. While it may not seem fair, if you do not follow the order yourself, you can find yourself in legal trouble. A child custody order is a legal order like any other. To enforce the order, you can contact the Sacramento Police Department or your attorney, who can file a contempt of court action.
A: In California, evidence for your child custody case may include documentation such as your child’s school reports, medical records, witness statements from other adults about your child's well-being and the relationship with the other parent, and any written communication between you and the child’s other parent. This information can provide proof to support your ideal custody plan, especially if the other parent wants an agreement that doesn't fit your child’s reality.
A: If your child’s other parent acts combatively, it's important to remain calm and collected. Do not engage with them. Instead, if they act aggressively, especially over email or texts, send the proof to your attorney to keep on file. This can help aid you during your custody case, as courts want to see parents acting amiably and cooperating. If they refuse to cooperate, it may make it less likely that they receive the custody arrangement that they desire.
Handling child custody decisions without reliable legal representation can be incredibly difficult. It is an emotionally turbulent issue that requires careful analysis of California state law and measured judgment of the unique aspects of your family life that only an experienced child custody lawyer can provide.
If you are concerned about child custody and visitation, reach out to the Ewing Law Group, PC today to schedule a consultation with one of our child custody attorneys. Contact us today by calling (279) 900-8848 or submitting the form on our website.
