Legal Custody

This refers to the right to make crucial decisions regarding the child's upbringing, including education, health care, and religious instruction. California courts often prefer joint legal custody, where both parents share this responsibility.

Physical Custody

This determines where the child will live. Physical custody can be joint, allowing the child to spend significant time with each parent, or sole, where the child resides with one parent while the other has visitation rights.

Custody Determination

When determining custody, California courts focus on the child's best interests. The court evaluates several factors, such as:

  • Child's Health, Safety, and Welfare: The primary concern is the child's well-being.
  • Parent's Ability to Care for the Child: Courts assess whether each parent can provide a stable, loving, and nurturing environment.
  • Child's Age and Emotional Ties: The relationship between the child and each parent plays a significant role.
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Custody Mediation

California law mandates mediation for contested custody cases. Mediation seeks to help parents reach a custody agreement outside of court, reducing conflict and fostering cooperation. If the parties agree, the mediator drafts a written contract for court approval.

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Modification of Custody Orders

Custody orders are subject to modification if circumstances change. A parent must demonstrate that altering the order aligns with the child’s best interest. Common reasons for modifications include:

  • Relocation: If a parent needs to move, this would affect existing custody arrangements and need to change. The court must approve relocation since it might make it difficult for the non-moving parent to interact with the child. A parent with sole custody of the child does not always require the other parent’s permission unless the child’s best interests are challenged.
  • Change in Child’s Needs: Adjustments may be needed as the child ages. As children age, they need additional care and support. This could change the existing custody orders.
  • Parental Behavior Change: New evidence of a parent’s incapability or improvement may prompt a change. For instance, a parent’s DUI charge might warrant a change in child custody.

Parenting Plans

A well-structured parenting plan is vital in custody cases. It outlines the division of responsibilities and schedules. A comprehensive parenting plan includes:

  • Visitation Schedule: Details about weekday, weekend, and holiday times are determined.
  • Decision-Making Protocols: The agreements would consider how parents will collaborate on major decisions.
  • Dispute Resolution Method: A mechanism for resolving future conflicts without litigation is part of the plan.

Role of a Child Custody Attorney in Ventura

In the case of child custody, having an attorney on your side can make all the difference. Benefits include:

  • Expert Guidance: Lawyers provide insight into custody laws and potential outcomes.
  • Negotiation Support: Attorneys negotiate on behalf of clients, emphasizing the child’s best interests.
  • Court Representation: Should the case proceed to court, a lawyer advocates for the client’s desired custody arrangement.
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Founding Attorney, Partner Ron S. Bamieh

Danielle De Smeth

Managing Attorney, Partner Danielle De Smeth

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Attorney & Partner Jennifer Yates

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Attorney Jason D. Frantz

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Attorney Anzac Jacobs

Thelma Corsa

Attorney Thelma Corsa

Meghan Sherry

Attorney Meghan Sherry

Charlotte Krem

Attorney Charlotte Krem

Bamieh & De Smeth

Child custody in California strives to safeguard the best interests of the child, with an emphasis on maintaining meaningful relationships between the child and both parents. The process can be emotionally taxing, requiring careful consideration for a favorable resolution. If you are in this situation, contact Bamieh & De Smeth for help.

Call us at (805) 643-5555 to schedule a case review. Our child custody attorneys in Ventura will answer your questions and discuss the path ahead. We understand the need for compassionate care and provide tenacity and empathy during this challenging time.

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