Bakersfield Child Custody Lawyer

There are two types of custody:

• Legal custody enables a parent to make decisions concerning their child's rights, such as determining where they receive medical care or an education.
• Physical custody enables a parent to either house a child or visit them.

Parents typically share custody in one of two ways:

• In a joint custody arrangement, the parents share legal and/or physical custody of the child.
• In a sole custody arrangement, only one parent has physical and/or legal custody.

During custody cases, the court focuses on the child's best interests. California Courts begin custody cases with the baseline assumption that it's better for a child to see both parents regularly. As a result, joint legal and/or physical custody arrangements are significantly more common than sole custody arrangements.

 It is critical for parents to understand these dynamics and work effectively to establish cooperation that benefits the child both emotionally and practically. In California, custodial arrangements also need to accommodate the child's schooling, healthcare, and social needs, which requires comprehensive communication and planning between parents.

How Do Custody Cases Work in CA?

If both parents agree on how to share custody, they can draft a joint parenting plan detailing a custody arrangement both parties agree to. This plan details the custodial rights of each parent, including when each parent will house the child. If a court approves the joint parenting plan, a judge can sign it, finalizing the custody arrangement. It's important for parents to be detailed and clear in these planning documents to avoid misunderstandings or disputes later on. Considerations might include holiday schedules, daily routines, and handling extraordinary expenses.

If the parents disagree on how to share custody, they may need to attend court to litigate their custody case. They can each present a parenting plan to the judge and display evidence supporting their plan. The judge presiding over the case will make a final judgment and issue a parenting plan they consider equitable to finalize the custody arrangement. 

Courts consider the following factors during California custody cases:

• The age and health of each parent;
• Each parent's history with the child;
• Each parent's financial status and property holdings;
• Whether either parent has a history of behavior such as abuse or substance use that prevents them from being a reliable caretaker;
• How different types of custody arrangement may impact the child's life;
• Any other factors the court deems relevant to the case, including the child's opinion.

Courts typically only award sole custody to one parent if the child's other caretaker is deemed "unfit" by the court due to actions such as substance use or abuse.

Whichever parent the child spends more time with is the "custodial" parent. Depending on the circumstances of the case, the noncustodial parent may also be able to house the child or visit them at the custodial parent's residence. In some cases, the noncustodial parent is also responsible for paying child support. 

Collaborative Co-Parenting Solutions in Bakersfield

At Divorced by Design, we understand that child custody cases can be emotionally challenging for both parents and children. Our experienced Bakersfield child custody lawyers are here to help you navigate the complexities of custody arrangements and find collaborative co-parenting solutions that prioritize the best interests of your children. Collaborating can mitigate stress and model healthy communication for children, fostering environments where they can thrive.

Benefits of collaborative co-parenting solutions include:

• Promoting healthy communication between parents, which can reduce misunderstandings and build a positive environment for decision-making.
• Fostering a positive co-parenting relationship encourages cooperation and flexibility, vital for seamlessly transitioning children between households.
• Reducing conflict and stress for children contributes to their emotional well-being, as children exposed to lower levels of conflict generally exhibit better psychological health.
• Creating a stable and supportive environment for children helps them feel secure, promoting better adjustment and resilience.
• Empowering parents to work together for the well-being of their children ensures that decisions are child-focused and mutually beneficial.

Whether you are seeking joint custody, sole custody, or modifications to an existing custody agreement, our team is dedicated to helping you find the best path forward for your family. We offer consultation to protect the rights of both parents and children in Bakersfield, CA. Our in-depth understanding of California's custody laws allows us to offer you strategies that are specifically tailored to your unique needs while safeguarding your child's welfare.

Types of Visitation Rights in CA

There are several types of visitation (time-share). Visitation orders depend on the best interest of the family, they can be:

• Scheduled Visitations made by the parents and the court that detail which dates and times the children will spend with each parent. These schedules aim to minimize disruption in the child’s routine while ensuring meaningful time spent with each parent.
• Reasonable Visitations are great for parents who get along well because they are open-ended and allow parents to work it out between themselves. Such arrangements benefit families with flexible needs and encourage cooperative co-parenting practices.
• Supervised Visitations are used when a child's safety and well-being are in question. The other parent will need to be supervised by an adult or agency. This setup intends to protect the child while still allowing parental contact, often serving as a step towards more independent visitations.
• No Visitation is given when there is emotional or physical harm to the children, meaning the parent does not have contact with the children. These situations underscore the primacy of safeguarding a child’s well-being when a parent poses potential harm.

Frequently Asked Questions

How Does Domestic Violence Affect Child Custody in Bakersfield?

Domestic violence is a serious concern in child custody cases and can heavily influence court decisions. In Bakersfield and throughout California, evidence of domestic violence can significantly impact custody arrangements. The court may limit or deny custody rights to a parent who has a history of domestic violence. This ensures the safety and well-being of the child, which is of utmost importance in these proceedings. Judges often look for patterns of behavior, documented incidents, and any restraining orders that have been issued when making their determinations. Parents facing such allegations may need to demonstrate their steps towards rehabilitation or rectification, such as completed treatment programs or therapy.

What Should I Do if I Want to Relocate with My Child?

Relocation adds a layer of complexity to child custody arrangements. If a parent in Bakersfield plans to move a significant distance away, they must typically obtain court approval, especially if the move affects the existing custody arrangement. The court will assess whether such a relocation serves the child's best interest, considering factors such as the move's impact on the child's quality of life, educational opportunities, and the child's relationship with the non-moving parent.

Parents who wish to relocate must provide proper notice to the other parent and may need to demonstrate how they plan to facilitate continuous contact between the child and the non-relocating parent. At Divorced by Design, we help guide you through these requirements, emphasizing your child's ongoing stability and best interests while respecting custodial rights and obligations.

How Can Mediation Help in Child Custody Cases?

Mediation is a valuable tool in resolving child custody disputes, offering a less adversarial process than traditional court litigation. In Bakersfield, mediation services are often encouraged or required by the court to help parents reach mutually agreeable solutions. The goal is to foster a collaborative approach, reducing conflict and stress while focusing on creating an effective custody plan.

Mediators assist by facilitating discussions, helping both parties voice their concerns and priorities. As a result, mediation can lead to customized agreements that reflect the unique needs of the family involved. At Divorced by Design, our team supports parents through mediation, advising you on how to constructively participate in the process to achieve beneficial outcomes for you and your child.

Contact Us Today

At Divorced by Design, our Bakersfield child custody attorneys understand how important your child is to you. We fight relentlessly for your parental rights even after divorce in and out of court. Read our lawyer reviews to see why our clients choose us for their child custody case in Bakersfield, California. We strive to ensure that each legal decision reflects the best interests of the children and respects parental roles.

Don't go through a child custody dispute alone. To schedule a consultation with one of our Bakersfield child custody attorneys contact us online or call (661) 760-2872 today.