Child Custody

There are a number of factors that influence who will get custody of their children in California, and a judge will always rule with the best interest of the children in mind. A court will consider things like the child’s health and welfare, if a parent has any history of abuse, the amount of contact with each parent, any negative history of either parent, and anything else a court deems relevant. If your child is at least 14 years old, and mature enough to speak about their desires, the court will weigh in their preference.

There are two types of child custody: legal and physical. Both types of child custody can be either sole or joint. Let’s take a more in depth look at both.

Legal Custody

Legal custody means who has the rights and responsibilities of making important decisions for their child. Legal custody can be either joint, where both parents share these rights and responsibilities, or sole where only one parent is responsible.

Parents with legal custody make choices on their children’s:

• Schooling and childcare
• Religious activities and practices
• Mental health counseling and needs
• Vacations and travel
• Health professionals
• Extracurricular activities
• Residency

Parents who share custody of their children may have opposing views but should work together to reach agreements. If a couple is unable to cooperate with one another, the court may decide against joint custody. Even if a parent does not have custody of their children, they are still able to parent their children and be an active role in their lives in other ways.

Physical Custody

Physical custody is when a parent has the right for their child to live in their home. Joint physical custody is when the child lives with both parents but does not necessarily mean that the child will spend exactly the same amount of time split between both parents. Usually there is one parent who gets more physical custody than the other depending on availability, and is granted sole physical custody or considered the primary custodial parent.

There are cases where couples have joint legal custody and both parents take part in important decision making, but only one parent has sole physical custody so the children primarily stay with that parent and have visitations with the other.

Sole Custody

Sole custody is when one parent has both legal and physical custody of the child and the other parent may be granted visitation rights. There are times a court may decide sole custody works better for the sake of disrupting the child’s life. Moving back and forth from each parent’s house regularly can be too hard for the children, but on the other end it may be depriving a relationship with one parent when limiting presence in the child’s life.

Visitation rights are given when one parent has sole custody:

• Scheduled visitations are a common arrangement where both parents arrange a visitation schedule that defines when their children will spend time with the parent that has visitation rights. To avoid confusion or disruptions in the future, these plans should be clear and both parents must understand and adhere to the schedule.

• Reasonable visitations are open-ended and allow both parents to work out a plan that works for both of them. Clear communication and flexibility is helpful in this arrangement, though this arrangement leaves room for conflict between both parents.

• Supervised visitations are used for the safety of the children, where the visitation is with the other parent, a family member, or professional agency. This is an especially useful way to reconnect a parent who has not been present in the child’s life consistently and needs to build a bond.

• No visitations are an option when one parent is a physical or mental danger to the child and having any contact is not in the best interest of the child.

Joint Custody

Joint custody is preferable when both parents are amicable towards one another and able to work out arrangements. The court will mix and match to fit your custody based on your situation. Joint physical custody typically works best when both parents live near one another making scheduling pickups, doing errands, and sharing time much easier. If you are willing and able to come up with a co-parenting plan, a judge can help modify or affirm when you present it in court.

Child Custody Arrangement Help in San Jose

Managing a visitation schedule can be a very important part of your child custody case. At Hann Law Firm, you and your family matter to us. We are here to listen to your challenges, offer the best solutions, answer questions to give you confidence in court, and prepare for the best possible outcome for you and your family.

Contact us for a free consultation and let us help you achieve a desirable custody arrangement that keeps your children’s best interests at heart.

When going through a divorce dividing assets or property is one thing, but having to divide your time and support for your children is another. It can make the process even more difficult, for both you and your children. If being in your child’s life is a priority, you’ll want to increase your chances of winning your case by proving you are able to provide a safe, loving, and stable life for your children.

A judge’s ruling has everything to do with the best interest of the children involved and is the top priority when making a decision in a California custody case. Below you’ll find guidance on how to create the best case for your child custody battle.

Be Active in Your Child’s Life

Regardless of the past, you can always begin to create a new bond with your children and show that you are a responsible parent. Despite what emotions you may struggle with when going through your divorcer, being able to set aside your feelings and be there for your children is the most important thing you can do now.

Spending quality time together
Using all the extra time you have to set aside for your children should be taken to show positive effort in maintaining a good relationship with your kids. Not showing up to appointments or special events can unfortunately represent you as an uninterested parent.

Being flexible and dependable

Accommodating to the times your children or ex spouse need you can show you have flexibility and willingness to be there and show up for your children whatever the case may be. Picking up your children on time from school or appointments reflects on your ability to maintain a good schedule and are a reliable parent.

Create a Safe, Supportive Home

Not only to prove to the court, you should provide a safe and stable home life for your children. Living out of a suitcase doesn’t allow your child to really feel at home when having to go back and forth to each parent’s house. You want to present to the judge that you can offer a supportive and comfortable environment for your children. Make sure to avoid anything that can give your ex an opportunity to accuse you of having an unsafe home.

Ensure a safe inner circle

Do not let anyone around your children that can be seen as dangerous or a threat. This especially includes anyone with a felony, sexual-related offenses, or drug users. If you have a new partner after your separation, keep some distance from your home and children to avoid potential conflict when going through your custody battle. Make sure the people watching your children are responsible adults that are healthy and safe for your children to be around.

Keep your home safe and clean

Be aware of any dangers that can cause any harm to your children in your home. Keep things like weapons, prescription drugs, and alcohol in locked away spaces out of reach from your children. Your home may understandably have some clutter or messes from time to time, but make sure your home is a sanitary and comfortable place to live.

Inappropriate gatherings or outings

No matter how much you still would like to maintain your social life, at this point in time it is a better idea to hold off on party mode. Leaving your children unattended or for lengthy periods of time to spend time with a new partner or friends is not appropriate, as well as throwing large parties and letting your children mingle around adults with alcohol or any illegal substances. Your children are able to inform your ex spouse about your behavior so keeping them in safe spaces and healthy environments is much more beneficial to their own growth and your child custody case.

Showcase Your Good Character

You want to make sure the people in your children’s lives can vouch for your good character and presence in your children’s lives. Attending school gatherings, sports games, PTA meetings and the like show your attempts of being a good parent. 

Though it can be hard, it is best to not lose your temper or show emotional volatility when communicating with your ex. It is understandable how difficult it may be to control these feelings when you are going through so much, but not dispagaing your ex and being as cordial as possible can help you and make the whole process move a lot more smoothly. Use friends, family, or a therapist to learn how to cope with these difficult emotions in a healthy way.

Document Everything for Your Case

All of the things above are important behaviors to put into practice prior to your case, but as you begin to work closely with your attorney you’ll want to properly document everything to have the outcome you want. You will want to tell your attorney everything, including any past mistakes or bad behavior. Letting your attorney know the good and the bad means they are able to appropriately prepare for it and it may give useful context. Record all things that are involved with your case like when or how often you pick up your children from school, how much you see them, or visitation schedules.

Let Us Help You Prepare Your Child Custody Case

Finding a trusted attorney is the best chance you may have when keeping custody of your children. An attorney will advise you throughout your case, keeping you confident and knowledgeable of everything that may happen in court. At Hann Law Firm, you and your case matter to us. We are here to listen to your challenges, and prepare for the best possible outcome for you and your family.

Contact us for a free consultation and let us help you create a desirable custody arrangement for a positive future.

In the state of California, child custody orders are not necessarily permanent. Therefore, custody can change multiple times before a child is legally an adult and may need to change to keep their living situation ideal. But how can it be done?

Sometimes circumstances change, and a parent may not be able to provide for their child, even if they received custody following a divorce. California allows either parent to request a modification to their custody agreement. However, the process to do so is strict and, at times, complicated.

As family law attorneys, we’ve seen many clients express frustration and confusion about how to modify a child custody agreement. Read our simplified outline below so you don’t make a mistake that could jeopardize your request.

When Can I Modify A Child Custody Agreement?

In California, you can modify a child custody agreement at any time. However, just because a parent requests changes doesn’t mean a judge will accept them. It must be deemed necessary or otherwise in the child’s best interest for a request to be received.

Common reasons for modifying a child custody agreement include changes in the child’s life that one parent isn’t suited to handle or difficulties in a parent’s. You can request a change if the other parent isn’t following the terms of the agreement or is irresponsible in a way that negatively impacts your child’s life. You can also file for a change at the child’s request.

Any changes presented to the court need to be significant to result in an altered custody agreement. A slight reduction in hours at work, for example, might not be enough. When making your request be sure to focus on how your child’s quality of life has changed to support your argument.

How Do I Request Modification?

Making a request only requires you to submit one form: Form FL-300, the Request For Order. Once filed with a court, the process will begin in earnest. You may also file Form FL-311, Child Custody, and Visitation, though this is optional.

While not needed to complete a request, FL-311 can be a strong supporting document. It allows you to provide precise details of your child’s visitations with yourself and the other parent. FL-311 is especially useful if the other parent isn’t meeting their obligations under the current agreement.

Both forms can appear overwhelming at first, requiring specific information about both parents and the child. However, if any part is incomplete or incorrect, the process will only be delayed further, so it is essential that you verify the validity of the information and submit it properly the first time. If you hire a family law attorney, they will not only help complete the form but give you valuable legal advice along the way to help you understand your options and potentially strengthen your case.

How Do I File the Forms?

Once you and your lawyer have gone over your forms, you need to make two additional copies of each. You will keep one and serve the other parent with the other. The original copy is what you’ll be filing with the courts.

Submit your forms to the court clerk, which does come with a filing fee (usually a few hundred dollars). However, the clerk will waive this fee if you have a low income or receive public assistance. Then, the clerk will process your paperwork and assign your court date.

Your lawyer will then hire someone to serve the other parent their copies or do it themselves. Depending on the circumstances, they may receive additional forms so they can submit a complete response to your claim. However, there’s no extra work for you at this phase.

What is the Court Process Like?

The court will order you and the other parent to attend mediation before sending things to trial. Mediation gives you both the chance to reach an agreement with the help of your lawyers and court-appointed supervision. Mediation is ideal because it can save all parties money in additional costs and prevent further court involvement.

If mediation fails to reach an agreement, your case will go before a judge. At your child custody hearing, the judge will review all the forms submitted so far and view any additional evidence. If they find it in your favor, they will sign the agreement, and it will go into effect.

The judge’s decision is final, but either party can file future requests. If the judge denies your request, it’s essential to keep monitoring the situation. If any substantial changes occur with the other parent or your child, you can file a new request to alter the agreement.

Get Help From Hann Law Firm

Sometimes, modifying your custody agreement is necessary to ensure your child’s safety and give them a stable home life. However, the process can be incredibly daunting. It can feel like you’re the only one fighting for your child when facing so much complexity.

That’s why you need Hann Law Firm on your side

At Hann Law Firm, we take a personal approach to everything we do. From our first consultation, we’ll listen to your needs and concerns. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

This kind of care takes more time, but the results of our personalized approach speak for themselves. While other firms see a case number and a bottom line, we see each client as a human being who deserves justice. We know your case is important to you, and we’ll take it just as personally. You – and your case – matter to us. 

Contact us today for your free consultation.

In the state of California, child custody orders are not necessarily permanent. Therefore, custody can change multiple times before a child is legally an adult and may need to change to keep their living situation ideal. But how can it be done?

Sometimes circumstances change, and a parent may not be able to provide for their child, even if they received custody following a divorce. California allows either parent to request a modification to their custody agreement. However, the process to do so is strict and, at times, complicated.

As family law attorneys, we’ve seen many clients express frustration and confusion about how to modify a child custody agreement. Read our simplified outline below so you don’t make a mistake that could jeopardize your request.

When Can I Modify A Child Custody Agreement?

In California, you can modify a child custody agreement at any time. However, just because a parent requests changes doesn’t mean a judge will accept them. It must be deemed necessary or otherwise in the child’s best interest for a request to be received.

Common reasons for modifying a child custody agreement include changes in the child’s life that one parent isn’t suited to handle or difficulties in a parent’s. You can request a change if the other parent isn’t following the terms of the agreement or is irresponsible in a way that negatively impacts your child’s life. You can also file for a change at the child’s request.

Any changes presented to the court need to be significant to result in an altered custody agreement. A slight reduction in hours at work, for example, might not be enough. When making your request be sure to focus on how your child’s quality of life has changed to support your argument.

How Do I Request Modification?

Making a request only requires you to submit one form: Form FL-300, the Request For Order. Once filed with a court, the process will begin in earnest. You may also file Form FL-311, Child Custody, and Visitation, though this is optional.

While not needed to complete a request, FL-311 can be a strong supporting document. It allows you to provide precise details of your child’s visitations with yourself and the other parent. FL-311 is especially useful if the other parent isn’t meeting their obligations under the current agreement.

Both forms can appear overwhelming at first, requiring specific information about both parents and the child. However, if any part is incomplete or incorrect, the process will only be delayed further, so it is essential that you verify the validity of the information and submit it properly the first time. If you hire a family law attorney, they will not only help complete the form but give you valuable legal advice along the way to help you understand your options and potentially strengthen your case.

How Do I File the Forms?

Once you and your lawyer have gone over your forms, you need to make two additional copies of each. You will keep one and serve the other parent with the other. The original copy is what you’ll be filing with the courts.

Submit your forms to the court clerk, which does come with a filing fee (usually a few hundred dollars). However, the clerk will waive this fee if you have a low income or receive public assistance. Then, the clerk will process your paperwork and assign your court date.

Your lawyer will then hire someone to serve the other parent their copies or do it themselves. Depending on the circumstances, they may receive additional forms so they can submit a complete response to your claim. However, there’s no extra work for you at this phase.

What is the Court Process Like?

The court will order you and the other parent to attend mediation before sending things to trial. Mediation gives you both the chance to reach an agreement with the help of your lawyers and court-appointed supervision. Mediation is ideal because it can save all parties money in additional costs and prevent further court involvement.

If mediation fails to reach an agreement, your case will go before a judge. At your child custody hearing, the judge will review all the forms submitted so far and view any additional evidence. If they find it in your favor, they will sign the agreement, and it will go into effect.

The judge’s decision is final, but either party can file future requests. If the judge denies your request, it’s essential to keep monitoring the situation. If any substantial changes occur with the other parent or your child, you can file a new request to alter the agreement.

Get Help From Hann Law Firm

Sometimes, modifying your custody agreement is necessary to ensure your child’s safety and give them a stable home life. However, the process can be incredibly daunting. It can feel like you’re the only one fighting for your child when facing so much complexity.

That’s why you need Hann Law Firm on your side

At Hann Law Firm, we take a personal approach to everything we do. From our first consultation, we’ll listen to your needs and concerns. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

This kind of care takes more time, but the results of our personalized approach speak for themselves. While other firms see a case number and a bottom line, we see each client as a human being who deserves justice. We know your case is important to you, and we’ll take it just as personally. You – and your case – matter to us. 

Contact us today for your free consultation.