Child Custody Attorney in Sacramento, California

Child custody is an emotionally charged topic for divorcing parents. When you work with The Law Office of Richard M. Abdallah, you get compassionate legal guidance backed by years of experience and a thorough grasp of California family law.  

If you’re struggling with legal terms and requirements, contact The Law Office of Richard M. Abdallah. I will demystify the process for you. Let me guide you through the different aspects of child custody, empowering you to make the right decisions for your family.

With my knowledge of family law, I serve clients in Sacramento, California, Placer County, San Joaquin County, Eldorado County, Yolo County, Solano County, and Alameda County. Call today to schedule a consultation. 

Understanding Child Custody 

Child custody is divided into two main categories: 

Legal Custody 

This determines who makes important decisions about your child's upbringing, such as education, health care, and religious instruction.  

Legal custody can be: 

• Sole legal custody: One parent has the authority to make all significant decisions. This is rare, as California generally prefers for both parents to have a say in their child's life. 

• Joint legal custody: The most common arrangement, both parents share the responsibility of making major decisions. 

Physical Custody 

This determines where the child will live and who will take care of them on a daily basis. Physical custody can be: 

• Sole physical custody: The child lives with one parent, while the other may have visitation rights. This does not necessarily mean that the other parent is not involved in the child's life. 

• Joint physical custody: The child spends significant time with both parents, and they share physical custody. This does not necessarily mean that the child spends an equal amount of time with each parent. 

Factors Considered by California Courts 

The goal of the court is to serve the best interests of the child. Several factors are considered in making custody decisions: 

• Health, safety, and welfare: Courts prioritize the child's physical and emotional well-being. 

• Parental relationships: The nature and quality of each parent's relationship with the child. 

• Stability: The ability of each parent to provide a stable, loving environment. 

• Co-parenting skills: Each parent's willingness to cooperate with the other. 

• Child's preference: Depending on the child's age and maturity, their preference may be considered. 

• History of domestic violence or substance abuse: Any history of abuse or ongoing substance abuse issues are critical factors. 

• Continuity and consistency: Courts often prefer to maintain consistency in the child's life, such as keeping them in the same school or community. 

Child Custody Laws in California 

In California, several laws govern child custody: 

The "Best Interests of the Child" Standard 

This is the primary consideration in any custody decision. California Family Code Section 3011 outlines the factors that judges must consider. This standard ensures that all decisions regarding custody and visitation are made with the child's overall happiness, security, mental health, and emotional development as the paramount concerns. 

Mandatory Mediation 

Families are often required to undergo mediation before a court hearing to try to reach an agreement outside of court. This can save time and money while promoting cooperation between parents. 

Move-Away Requests 

If a custodial parent wishes to move out of the area, they must receive court approval, especially if the move will impact the child's relationship with the other parent. The court scrutinizes such requests to ensure that they serve the best interests of the child while also considering the impact on the non-custodial parent's visitation rights. 

Joint Custody Preference 

California courts generally favor joint custody arrangements to ensure that children maintain frequent and continuing contact with both parents unless it is proven to be detrimental to the child's welfare. These arrangements are thought to create a balanced and nurturing environment that is necessary for their development and well-being. 

Custody Modification 

Child custody arrangements are not set in stone. California law allows for modifications to custody orders if there is a significant change in circumstances affecting the child's welfare, such as changes in a parent's living situation, the child's needs, or other relevant factors.  

Parents seeking a change in custody must provide strong evidence that a significant change in circumstances affects the child's well-being, justifying a modification to the existing arrangement. 

Parental Visitation Rights 

Even if one parent is awarded sole physical custody, the non-custodial parent is typically granted visitation rights. These rights can include scheduled visits, supervised visitation if necessary, or virtual visitation through video calls, ensuring that the child can maintain a relationship with both parents.  

California law strongly encourages visitation arrangements that support the child's relationship with both parents. These arrangements often allow for flexible schedules and accommodate special circumstances to promote ongoing parental involvement.