Glendale Child Custody Lawyer
Determining custody can be one of the most emotionally charged aspects of family law cases. To avoid confusion, drawn-out proceedings, or contentious arguments, be sure to speak with a skilled Glendale child custody lawyer. A seasoned attorney at the Khalaf Law Group can represent you in all legal meetings and proceedings, working to protect your rights and advocating for your goals.
Choose an Experienced Family Law Firm to Take on Your Unique Case
For over 10 years, the Khalaf Law Group has helped families across California, asserting their legal rights and advocating on their behalf. Our founding attorney, Ted Khalaf, has extensive professional experience in family law. He understands that no two cases are the same, and each new client requires a different legal strategy.
His goal is to understand your situation, along with your desired outcome. Then, he can pursue the legal path that’s right for you.
Understanding the Basics of Child Custody Laws in CA
In 2024, 7% of men in Glendale were divorced, and 7% of Glendale women were divorced as well. When a child’s parents decide to separate, custody of the child must be determined. Custody is the right and responsibility of each parent to provide for their child.
Parents can either agree on a custody and visitation plan on their own, or they can obtain one with the help of a family court. For residents of Glendale, this process is typically done at the Glendale Courthouse, located at 600 East Broadway. Until an official custody court order is made, each parent has the same rights and power to make decisions regarding their child.
Child custody and parenting plans involve parenting time and visitation. A parenting plan should prioritize the needs of the child—not the parents—and include terms of:
- How each parent will care for their child
- Where the child primarily resides
- When the child will see each parent
Custody includes physical and legal custody. It can be shared between parents or appointed to only one parent, known as sole custody.
Physical custody determines which parent the child will live with most of the time, and legal custody is the parental right to make important decisions about their child’s life. These decisions involve the child’s:
- Education
- Extracurricular activities, like sports or summer camp
- Religious affiliations
- Medical and dental care
- Travel plans
- Counseling or therapy
- Other matters concerning the child’s general welfare
Types of Parenting Time Orders in California
There are four main types of parenting time, or visitation, orders in Glendale, California. These are:
- Open-ended
- Scheduled
- Supervised
- No visitation
An open custody order, or reasonable parenting plan, is ideal for parents who can work out the specifics of visitation time between themselves.
Parents who have an open-ended custody arrangement are flexible, willing to work together, and still able to communicate well. However, this parenting plan may cause issues if the parents disagree on how to allocate custody or frequently argue. A solution to this is often opting for a scheduled parenting plan. With a set schedule, parents follow the predetermined dates and times that their child is in their care. These include holidays, vacations, and other important family events.
A supervised parenting plan usually applies when there are concerns about the child’s well-being or safety. Supervised visitation may also be used in instances where a child and parent require a set time to become familiar and bond with one another, such as when a parent has not seen their child for an extended period. These visits may be supervised by the custodial parent, another adult, or someone from a professional agency.
The last custody arrangement involves the child having no visitation with the non-custodial parent at all. This court order is typically reserved for instances where even supervised visits with that parent have the potential to put the child at risk of physical or emotional harm.
Trying to take on a custody case alone is nearly impossible without proper help. To advocate for you and your child’s unique needs, it’s crucial to hire a child custody lawyer to represent you during the entirety of your child custody case. They can:
- Explain your rights as a parent.
- Go over the legal paths that are available to you.
- Work on gathering evidence for your case.
- Coach you for mediation sessions.
- Represent you during all official legal proceedings.
Child Custody Cases for Unmarried Parents
In 2023, 37.9% of all live births in California were to unmarried mothers. When the child’s parents are not married, the process of child custody is different from that of married parents. Married parents are automatically legally presumed to be the child’s parents.
However, when the parents are unmarried, it is often only presumed that the mother is the child’s legal parent. This means that the mother has sole responsibility for legal and physical custody. To prove parentage and have rights to child custody, the father must establish paternity. This step must be completed before starting a child custody and visitation case.
To do so, both parents must sign a Declaration of Paternity form. This is often done at the hospital at the time of the child’s birth, but it can also be completed afterward. Once signed, this legal document has the same authority as an official court order, making it clear that the father has legal rights to their child.
Another way to establish paternity is by completing a Petition to Establish a Parental Relationship and submitting it to the court. This can be especially helpful in situations where the child’s mother refuses to cooperate and establish paternity.
Once the father admits paternity or is proven to be the child’s father, the court then enters a judgment of paternity, and the child custody case can begin. If the father refuses to establish paternity, the court can order genetic testing.
However, once the child is born, if the unmarried father takes them into his home, raises them, and presents them as his own, he can be legally presumed to be the father, making it easier to establish paternity during child custody cases.
The Family Court Mediation Process in CA
Parents may come to a custody agreement on their own, either amongst themselves or with the help of a mediator. The goal of mediation is to reach a custody arrangement while enabling the child to maintain a healthy relationship with each parent. The mediation process occurs privately out of court, allowing the parents to communicate and work together to find a feasible arrangement that meets their child’s needs.
The mediator is typically a family law professional who may or may not focus their general work on mediation. Mediators are often deeply familiar with family dynamics, child development, and the impact that divorce or separation can have on children.
The mediator’s job is to be a neutral, impartial party that facilitates the proceedings and ensures fairness. Mediators can also offer helpful insight and support, provide different resolution options, and create a parenting plan calendar.
Child Relocation and Move-Away Cases in California
Once a child custody case is finalized, a court order will be created, and the arrangement is then legally binding. This means that both parents must follow the established rules regarding visitation times, holidays, pickup and drop-off times, and more.
Breaking the court order can have significant legal consequences. However, this does not mean that you must abide by the court order for the rest of your life. Courts in California understand that life circumstances can change over time; in certain scenarios, you may be allowed to modify the court order.
One such scenario includes needing to move out of Glendale or California with your child. Generally, if one parent has sole custody of the child, they can relocate with that child unless the non-custodial parent can prove that it would harm the child.
However, if you share joint custody of your child with their other parent, you cannot just move away without first notifying the other parent and seeking court approval. The process to modify a custody agreement begins with notifying the non-moving parent of your intention to relocate.
This must be done at least 45 days before moving, so you and the other parent have time to negotiate custody. The court determines whether to grant the move by considering a variety of factors, all while always working to keep the child’s best interests as its priority. The judge assigned to the case looks at:
- Where the moving parent wants to move to. Moving close by can impact the current court order, but it may only require a slight modification, as compared to a move out of Glendale or California. If the move significantly hinders the time the child would have with their other parent, it can make it more difficult to approve.
- The reasons for the proposed move. These could be a new job, wanting to move closer to extended family members, or getting remarried.
- The child’s wishes. The child may state their preferences, so long as they are mature enough to express them.
- The current custody agreement. The judge will examine the actual time the child spends with each of their parents and their relationship with them.
- The relationship between the two parents. If the parents refuse to cooperate, act combatively with each other, or repeatedly fail to follow the custody agreement, it can have negative impacts on the request to modify the court order.
- The child’s age, health, and safety. These will all be considered to rule in the child’s best interests.
If the court approves the move, the current court order will be modified to reflect new custody and visitation arrangements. If the court does not approve the request to modify the court order, the move cannot occur. However, this does not mean that you cannot file a request again in the future.
FAQs
Q: How Can I Get a Parenting Time Order in California?
A: If you want to get a parenting plan court order, you must file the appropriate paperwork with the family court in the county you live in. If you have an active family law case, determining child custody can be included in the proceedings. The forms may vary, depending on whether you already have a family law case, along with whether you and your co-parent are married.
Q: What Does a Child Custody Lawyer Do in California?
A: A Glendale child custody attorney provides numerous services for their client, including providing advisory counsel and committed representation within legal proceedings. Custody lawyers can understand your situation, listen to your wants and needs, and help you find a favorable outcome. Your family law attorney can also properly fill out paperwork, remember deadlines, and negotiate on your behalf. In certain cases, your custody attorney can function as a defense attorney if the other parent is challenging your custody rights.
Q: Can I Change a Previous Custody Order in California?
A: Yes, either parent can request to change an established child custody order in California. Generally, custody agreements can only be modified when there is sufficient reason to do so, such as a change in one or both parents’ financial circumstances. Either party can file a request with the family court. If the parents can agree on how to change custody, they may instead submit the new parenting plan to the court for approval.
Q: What Does a Judge Consider When Deciding Custody?
A: When a judge determines what custody arrangement would be ideal, they look at various factors. These include the child’s:
- Age and health
- Emotional bond with each parent
- Ties to their community, school, and home
Judges also consider:
- The ability of each parent to care for the child
- Whether the family has any history of domestic violence
- Whether either parent struggles or has struggled with substance abuse
Q: What Happens If My Child’s Other Parent Moves Away Without Notifying Me First?
A: If your child’s other parent moves away without notifying you first, it can have severe legal consequences, especially if they have joint custody or visitation rights. The distance of the move does not matter, only that it impacts your current custody court order. If it does, the parent who moved may face kidnapping charges and potentially lose custody altogether. Contact your attorney as soon as you find that the move occurred without your knowledge or consent.
Hire a Child Custody Lawyer: Dedicated Custody Lawyers for You
It’s essential to have an experienced Glendale family lawyer by your side. They can guide you through the custody process and advocate for your wishes. The team at the Khalaf Law Group knows the intense impact a family law case can have on an individual and their loved ones. We can approach your case with confidence and skill. Contact us today at the Khalaf Law Group to schedule an initial consultation.