Child Custody Lawyer in Santa Barbara

Name: Child Custody
Brand: Bamieh & De Smeth
Rating: 4.8 (150 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 free legal consultation on your child custody case.

Types of Child Custody Decisions in California

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

Many families fight over “joint” or “sole” custody. Joint custody is when both parents share custody rights, and each parent usually gets 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 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 of custody: 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 what religion your child will practice, what school they will attend, whether they can undergo medical decisions, and other broad 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 California

When courts look to decide how to award custody, they look at 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 give a greater custody split to a stay-at-home parent if the wealthier parent spends most of their time at work and cannot 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 also generally willing to allow the parents to work out custody agreements on their own with the help of their attorneys if they are willing and able to. 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.

Client Successes Why Clients Choose Us

I cannot recommend Ron Bamieh and Anzac Jacobs highly enough.

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...

—Andrew C.

Exceptional skill and professionalism

Danielle De Smith handled our case against a school district in Ventura County with exceptional skill and professionalism. I initially approached the situation as a fiercely protective mother, ready to fight, but Danielle’s grace, expertise, and strategic approach proved fa...

—Krista Nowak

I would highly recommend the Law Office of Bamieh and de Smith!

We worked with Atty Jacobs to help us with an issue with our loved one and things could have been so much worse if we hadn’t of had his expertise and compassion. When you’re in a situation when you need help with a loved one, not only are you desperate but you’r...

—Eleanor Torres

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...

—Frankie Estanol

I would recommend hiring Bamieh & De Smeth.

They are very transparent and up front with you regarding your matter. Never having any experience with the matter I hired them for, they explained everything that was happening, would be happening or could happen. Meghan Sherry took on our matter and made us free welcome and nev...

—Tammy Donovan

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.
Words...

—Brandee Herrera

Professional, honest, and confident

From my initial conversation with Ron and his team, I was put at ease by their professionalism, honesty and confidence. He clearly described the process and what I could expect in the following months. He was thorough in his preparation and in court, he was calm and calculat...

—Jeff

Grateful for exceptional legal support with a better-than-expected outcome

I am so grateful to my neighbor who recommended this law firm. After being in a terrible accident where I was hit by a car on my bicycle, I wasn’t sure about contacting a lawyer, but after months and months of pain and frustration I decided to give them a call. I’m so...

—Susie Avchen

I highly recommend this law office.

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...

—S.B.

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

Best Law Firm in Ventura County

Ventura County Reporter (2021 - 2022)

Top 5% of Lawyers in California

California Super Lawyers (Ron Bamieh)

Favorite Law Firm in West County Ventura

Ventura County Star

Family Friendly Law Firm of the Year

Santa Barbara Women Lawyers (2022)

Financial Considerations for Child Custody in California

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.

Call Our Santa Barbara Child Custody Lawyers Today

If you and the other parent of your children live separately, you may have grounds to file for a child custody order to protect your parental rights and custody decisions. Whether you are getting divorced, moving apart, or have never lived together, the court can put a child custody and support order in place to establish parenting time divisions and other custody rules. For a free consultation on your case, call the Law Offices of Bamieh and De Smeth’s child custody attorneys in Santa Barbara today at (805) 643-5555.

Our Experienced Legal Team

See All Staff

Founding Attorney, Partner Ron S. Bamieh

Read Ron's Bio

Managing Attorney, Partner Danielle De Smeth

Read Danielle's Bio

Attorney & Partner Jennifer Yates

Read Jennifer's Bio

Attorney Jason D. Frantz

Read Jason's Bio

Attorney Anzac Jacobs

Read Anzac's Bio

Attorney Thelma Corsa

Read Thelma's Bio

Attorney Meghan Sherry

Read Meghan's Bio

Attorney Charlotte Krem

Read Charlotte's Bio

Stay Informed With Our Latest Legal Insights

Our blog offers valuable information on legal topics, recent case studies, and tips to help you navigate the legal system with confidence. Explore our latest posts below.

Explore Our Blog

Our Locations

Ventura

692 E Thompson Blvd
Ventura, CA 93001

Map & Directions

Santa Barbara

15 W Carrillo St #104
Santa Barbara, CA 93101