San Bernardino Child Custody Lawyer

Hire Our Experienced Custody Attorneys to Protect Your Family

One of the most contentious issues in a divorce or separation is child custody. It is difficult for parents to give up time with their children. If you are going through a divorce or dealing with a child custody battle, then make sure you retain legal counsel. You don't have to go through this time alone!

What Can a Custody Attorney Do for Me?

When you call Family Law Advocacy Group, you can be sure that we will treat your case as though it were our own. We are passionate about protecting the rights of children, and that passion is demonstrated through our level of representation.

What Types of Custody Options are Available?

In California, child custody is broken into two categories: physical custody and legal custody.

• Physical custody determines which parent the child will live with the majority of the time
• Legal custody establishes a parent's right to make decisions about their child's future such as healthcare and education.

Both physical and legal custody can be established as joint or sole custody.

Sole Custody

It is pretty rare for a judge to award sole legal or physical custody to one parent, because it's usually in the best interests of the child to have both parent in their lives.

Factors that can result in sole custody being awarded are:

• One parent has severe mental health or addiction issues
• One parent is unemployed or has an undesirable living situtation
• There is a history of abuse with one parent

Joint Custody

With joint physical custody, the child or children split the time they reside with either parent. One parent is usually awarded more time than the other, making them the primary custodial parent.

Joint legal custody gives both parents a say in decisions about their child's life, such as where they go to school, what medical treatment they receive, and which extracurricular activies they participate in, to name a few.

To protect the best interests of you and your child, it's critical to work with an experienced child custody attorney in San Bernardino who can help you establish a fair custody agreement with you and your spouse.

How Will the Court Determine Child Custody?

While you may be able to work with your spouse to come up with a custody plan that you both agree on, you will still have to have it approved by the court. Their main goal in these cases is to ensure the best interests of the child are put first. If they don't believe the parents have done that, then they may make adjustments.

Living Situation of Each Parent

In child custody cases, the judge will most likely consider the living arrangements that each parent currently has. For instance, if one of the parents is living in an area away from the children’s school or they are not upholding the most hygienic habits, this could result in the judge granting custody to the other parent based on his or her living situation. The living situation is what allows for stability in the lives of the children and maintaining this is important.

The Bond Between Each Parent and Children

There are many instances in which one parent has a stronger bond with the children than the other. This is often due to spending more time with the children or participating in their activities. This bond can be used as a determining factor with regards to child custody as it affects the children and their relationship with their parents. Quite often, the stronger bond wins out in custody battles.

Any History of Abuse

It goes without saying that any history of abuse or neglect between one of the parents and the children will be a huge deciding factor in child custody decisions. The judge will not place the children in harm’s way. This can also result in limiting the contact that the children and abusive parent can have, including making visits supervised.

Age of the Children and Continuity

It is a common thought that most judges elect to grant mothers the custody of smaller children simply because of the nurturing and caregiving, but this isn’t always the case. The age is often considered, but continuity is another big factor. If one parent has been the primary caregiver and has built a stronger bond, it can affect child custody agreements. Furthermore, if the children are older and school and friends play a factor, the judge may grant custody to the parent that allows for this continuity.

Preference of the Children

At a certain age, children are granted the permission to speak with a judge about their preferences regarding with whom they would like to reside. In California, the court shall consider the preference of the children if they are of sufficient age and have the capacity to form an intelligent preference.

The Best Interests of the Children

At the end of the day, the judge is always most interested in making a judgment that is in the best interests of the children. They will consider all of the factors involved and make a decision that allows the children to grow and be raised in the healthiest manner — mentally and physically — possible.

While these do not encompass all the factors that will come into play, it is clear that the child's best interests will be the priority when the court resolves custody matters. You will need a San Bernardino child custody attorney who can stand beside you and advocate for your best interests as well.

Schedule a FREE Case Assessment!

At Family Law Advocacy Group, we prioritize the needs of our clients, particularly in child custody cases. Our custody lawyers in San Bernardino understand how complicated the matter can be. We are available to answer any questions you may have. We have helped numerous people in the past.