Child Custody Lawyer in Santa Barbara

Name: Child Custody
Brand: Bamieh & De Smeth
Rating: 4.8 (173 reviews)

Child custody issues can be some of the most contentious issues in the law. Parents can become extremely protective over their kids and their rights as parents, often leading to drawn-out or bitter battles when courts try to take parenting time away from them. Because a child custody order should be in place any time that parents live in separate households, these are also one of the most common family law issues in California.

The child custody lawyers in Santa Barbara at the Law Offices of Bamieh and De Smeth represent parents and guardians in child custody cases throughout the Santa Barbara area. If you are getting a divorce or going through a separation or break-up with your spouse or significant other, it is important to establish child custody rules and protect your parental rights and your child’s best interests. Call our law offices today at (805) 643-5555 to schedule a legal consultation on your child custody case.

Child Custody Overview

Types of Child Custody Decisions

Child custody can be divided in various ways. Usually, California law permits only two parents to have custody; however, other individuals, such as grandparents or aunts and uncles, may also obtain custody as “guardians.” Custody also comes in multiple types.

Many families fight over “joint” or “sole” custody. Joint custody is a parenting arrangement in which both parents share custody rights, and each parent typically receives different amounts of parenting time. For instance, a common joint custody plan involves the children living with the mother during the week and the father on alternating weekends. Other parenting plans may include a 50/50 time split or a 60/40 time split. These parenting plans usually divide up the entire year, including weekends, holidays, summer vacation, and other times. Sole custody means that the parents do not split custody, and only one parent has parenting rights.

These parenting rights come in two forms: physical custody and legal custody. When people discuss “custody” by itself, they are often talking about physical custody, which is the right to have your kids live with you. Legal custody is the foundational right to make parenting decisions, such as the child's religious upbringing, the school they will attend, and whether they can participate in medical decisions, among other significant life decisions. There are also custody rights for “visitation” if the parent has no physical custody rights but still deserves time to see their kids and spend time with them.

Both parents typically maintain legal custody, but if a parent can be shown to be unfit to parent, they can be stripped of their legal custody rights. It is more common for people to be stripped of physical custody rights or for a court to order a custody split that favors one parent because they have more time to parent their children and care for their needs. Still, the court’s default decision is joint custody, since courts typically find it in the child’s best interests to have both parents involved in their lives if the parents are willing and able.

How Custody Is Decided in Santa Barbara

When courts decide how to award custody, they consider each parent’s willingness to be a parent and their fitness to act as a parent. This means looking at the following factors:

The amount of time each parent has to stay home and spend time with the children
Each parent’s ability to foster growth and learning
Each parent’s ability to care for the child’s emotional needs
The safety of each home
A parent’s willingness to foster the relationship with the other parent
A parent’s willingness and ability to foster relations with siblings and extended family

If one parent appears to be trying to keep the child to themselves and turn them against the other parent, that will be seen as a negative against that parent. Similarly, the court may award a greater custody split to a stay-at-home parent if the wealthier parent spends most of their time at work and is unable to be home for the child. This is a complex process and is open to various points of view, and your attorney’s arguments can be extremely helpful in convincing the judge to award you greater custody rights.

Courts are generally willing to allow parents to work out custody agreements on their own with the help of their attorneys, provided they are willing and able to do so. Judges can act as referees and step in if you are unable to come to an agreement, but parents who can agree on how to divide custody should be permitted to do so, with a judge approving their agreement and giving it the force of law.

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I was wrongly accused of a misdemeanor charge. From the very beginning, Ron approached my case with incredible patience, empathy, and professionalism. He took the time to listen, understand my concerns, and explain every step of the legal process in a way that was clear and reass...

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Bamieh & Smith were awesome and would definitely recommend.

Mr. Anzac Jacob's was one of the best Lawyer I could've been blessed with. Top to bottom , Professional, honest, caring, and he has a great heart. He did his best for me. He never made me feel like he did not care about my situation, without Mr. Jacobs and Mr. Bamieh, I think I w...

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First time I met Ron he welcomed me with open arms.

His sincerity and willing to help me was shown immediately. Ron stood by my side, showed up for me and checked in on my emotional well being every step of the way. Not only is he a great lawyer but a genuine person who sees good in others and wants to help good people.
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From the moment I stepped in for my first consultation, I felt welcomed and reassured. The team is professional, compassionate, and truly listens to their clients. I left that first meeting with a sense of relief, knowing I was in capable and trustworthy hands. Thank you for your...

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Amazing firm.

Ron is straight to the point and will give his honest opinion on the case. Very knowledgeable team that will do their best. I am personally impressed on how they handled my case. They gave me light at the end of a tunnel that seemed endless.

—John

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Financial Considerations for Child Custody

While courts want to see each parent have stable income that can support the children, a parent’s financial well-being is not the only factor. As mentioned, a parent who spends all their time at work may be able to financially provide for their child, but may not be physically present and able to care for the child physically or emotionally. To solve these issues, courts can also award child support.

Typically, this means that a parent who works full time might pay child support to a parent who stays at home and focuses on caring for the children. During the week, the stay-at-home parent may get custody, while the working parent could have parenting time on weekends and holidays. In cases where both parents work, child support can be used to have each parent support the child fairly according to their means with a closer to 50/50 time split.

Why Choose the Santa Barbara Child Custody Lawyers at Bamieh & De Smeth, PLC?

Whether you are dealing with a child custody dispute for the first time, seeking to modify an existing custody or visitation order, or facing challenges involving parental rights, The Law Offices of Bamieh & De Smeth, PLC offers experienced guidance and dedicated representation. Our attorneys understand the emotional and legal complexities of custody matters and work tirelessly to protect your relationship with your child while advocating for arrangements that serve your child’s best interests.

Our firm’s commitment to excellence has been recognized through distinctions such as:

Top 100 Trial Lawyer by the National Trial Lawyers Association
10/10 “Superb” rating by Avvo
Top Tri-County Law Firm by the Pacific Coast Business Times (2019)
Southern California Rising Star by Super Lawyers
10 Best Attorneys in California, American Institute of Family Law (2017–2018)

Child custody decisions can shape your family’s future for years to come. When you work with the Bamieh & De Smeth child custody attorneys in Santa Barbara, you receive personalized attention, clear communication, and a strategy tailored to your family’s unique needs. Contact our office today at (805) 643-5555 to schedule a completely confidential consultation.

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