Los Angeles Child Custody And Visitation Attorney Offering Compassionate Advocacy for Your Family

Child custody and visitation are often the most contentious issues in a divorce. I am child custody attorney Teresa Beyers, and I understand how vitally important it is to resolve all matters related to your children after a divorce. Since establishing my Los Angeles firm, The Law Offices of Teresa A. Beyers, in 2003, I have helped parents fight for the time they deserve with their children.

Child custody cases involve determining where your children will live and who makes the key decisions about their upbringing. I work tirelessly as your child custody lawyer to protect your parenting rights and, most importantly, the best interests of your child. I know that securing a positive future for your children is your top priority.

Understanding Child Custody In California

In California family law, there are two main categories of custody: legal custody and physical custody. Within each of these categories, custody is defined as either sole or joint.

Legal custody involves a parent’s right to make essential choices about the child’s life.

• Joint legal custody: Both parents share the right and responsibility to make decisions regarding the child’s health, education and welfare
• Sole legal custody: Only one parent has the right to make all major decisions for the child

These decisions typically include:

• Determining where the child goes to school and how they get medical care
• Making decisions about their religious upbringing and participation in activities

Physical custody refers to the parent with whom the child lives and who is responsible for the child’s daily care.

• Joint physical custody: The child spends significant time with both parents. This does not necessarily mean an equal 50/50 split.
• Sole physical custody: The child lives with only one parent (the custodial parent), and the other parent has court-ordered parenting time (visitation) to ensure frequent and continuing contact.

Physical custody responsibilities include:

• Deciding who is responsible for supervising the child
• Determining the specific daily care of the child

Joint legal and physical custody arrangements are more common in California, provided they are in the children’s best interests. Parents can work together to create their own parenting time plan and a child support agreement. However, a judge will decide the outcome if they cannot agree on these issues.

How Courts Make Custody Rulings

When parents disagree about custody, California courts require them to attend mediation before a judge hears their case. Sometimes, courts determine mediation is not appropriate. However, even when an active restraining order due to documented domestic violence exists, California courts still generally require parents to attend mediation. In these cases, spouses typically have the right to meet with the mediator separately to ensure safety, pursuant to the California Family Code.

When determining the child’s best interests, the court is legally required to focus on the child’s health, safety and welfare, based on several factors, which include:

• The age of the children
• The health and safety of the children
• Any history of abuse or violence by either parent
• The children’s ties to home, school and community
• The parents’ mental and physical health
• The children’s preference, if they are old enough to express one
• The parents’ ability to co-parent
• The parents’ ability to provide a stable routine for the children
• Any history of substance abuse by either parent
• The distance between the parents’ homes

The court also considers other factors, as well as the parents’ ability to encourage the child’s frequent and continuing contact with the other parent, unless there are risks to the child’s safety.

Developing A Parenting Plan

It is essential to note that legal and physical custody are separate issues from visitation. In California law, visitation (also called parenting time) is the specific schedule that determines the allocation of physical custody time between the parents. It is a fundamental component of the physical custody order.

Every family is unique, and no single schedule fits every family when determining the best parenting time agreement. Your arrangement must work for your children’s needs and your schedule.

Here are examples of parenting time arrangements:

• Fixed schedule: This plan assigns specific days and times for each parent.
• Flexible schedule: This allows parents to adjust it to their needs.
• Split custody: The children are divided between the two parents.
• Sole physical custody: The child lives with only one parent, and the other parent has specified visitation.

To help you find the best arrangement, I focus on your priorities and the realities of your life. I use my extensive knowledge of child custody and visitation cases to help you find an arrangement that genuinely fits your family’s needs.

What If One Parent Wants To Move?

“Move-away” cases involve one parent seeking to relocate a significant distance with the children, often out of Los Angeles or to another state. In California, the legal standard for these cases depends on the custody order.

A parent with sole physical custody has a presumptive right to relocate. The noncustodial parent can challenge the relocation only by demonstrating that it would be detrimental to the child’s health, safety and welfare, which would require the court to reconsider the custody order itself. A parent with joint physical custody must prove to the court that the move is in the child’s best interests.

After a divorce is final, a parent planning to relocate with the children must generally provide the other parent with advance written notice, typically 45 days. Court intervention or approval is only required if the nonmoving parent objects to the move or if the move significantly impacts the existing custody order, triggering a modification request based on the child’s best interests.

Child Safety And High-Conflict Situations

When one parent is concerned about their children’s safety, the court takes the allegations seriously, which frequently involve substance abuse, domestic violence or documented neglect. The court often appoints an attorney specifically for the children or orders supervised visitation.

If these circumstances exist, I will take immediate steps for you and your children, which can include filing for temporary restraining orders, gathering compelling evidence of abuse or neglect, and asking the court to order drug or alcohol testing.

Enforcing Existing Orders

If a parent violates a custody order, the other parent may file an enforcement action, which may include a request to hold the noncompliant parent in contempt of court, punishable by fines and jail time.

Separately, chronic noncompliance can constitute a significant change in circumstances that justifies a court-ordered modification of the original custody order. I work to protect your parenting time and your children’s future. With over two decades of experience as a trial-tested attorney, I will aggressively advocate for your rights.

Can Custody Orders Adapt When Things Change?

California courts consider modifications to child custody and visitation orders only when a “significant change in circumstances” exists. This means there has been a change so substantial that the current order is no longer in the children’s best interests.

Examples include a parent’s relocation, a change in the child’s needs, or a new pattern of neglect or abuse. When new circumstances warrant modifications, I can skillfully guide you through the process, regardless of whether you and your co-parent agree.

Protect Your Children’s Future

At The Law Offices of Teresa A. Beyers, I exclusively focus on family law matters, ensuring you receive attentive, dedicated representation. As your child custody attorney, I care about achieving the best possible outcome for you and your children. You can call my firm at 213-933-6681 or use my online form to schedule a complimentary consultation today.