Child Custody

Different Forms of Child Custody in California

Posted on by Lauren Rownd
Who should have custody of your child? This is a question the court may have to decide if you or another party is filing for custody. This decision is by far one of the most impactful in a child’s and a parent’s life. A child custody lawyer can help parents navigate the legal process and protect the best interests of the child. The custody decision is made by the court based on various factors such as the parents’ age, character, stability, mental and physical health, ability, employment res...
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Litigation vs. Mediation in Child Custody Cases: Which is Right for You?

Posted on by Lauren Rownd
Child custody disputes are among the most emotionally charged and challenging aspects of divorce or separation. When parents can’t agree on custody arrangements, they generally have two main options for resolution: litigation or mediation. Both approaches aim to determine what is best for the child, but they differ in process, costs, and emotional impact on the family. In either case, it is best to retain a child custody lawyer to assist in advocating for your position and to help navigate the ...
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High Conflict in Child Custody Disputes and Parental Alienation

Posted on by Lauren Rownd
It is important for children to have healthy, strong relationships with both parents and to have positive images of both of their parents. During high-conflict custody disputes, parents can occasionally forget this, and some make the poor choice to weaponize their children during the process. This is an issue that family courts have struggled with for years and take very seriously. If, during your high-conflict custody disputes, you notice that the other parent is intentionally and successfu...
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Dividing Property in a High-Conflict Divorce

Posted on by Lauren Rownd
Going through a divorce can be a stressful and emotional experience. One of the most contentious issues can be the division of property. Having a divorce lawyer in your corner throughout the process is key, especially in high-conflict situations.  California’s 50/50 Law California follows the 50/50 law, otherwise known as “community property.” This means that all assets and debts acquired during the marriage are considered joint property and are typically divided equally between the ...
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How to Get Sole Custody of a Child in California

Posted on by Lauren Rownd
Determining custody of your child can be a stressful time. While the state of California prefers joint custody which allows the child to spend time with each parent, sometimes sole custody is what is best for the child. A child custody attorney can help you navigate the process and ensure the best interests of your child are represented. Physical vs. Legal Custody There are two types of custody in California: physical and legal. Physical custody refers to who the child lives with. Legal c...
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What Should Be Included in a Parenting Plan?

Posted on by Lauren Rownd
When parents separate or divorce in California, creating a comprehensive parenting plan is essential. A parenting plan outlines how both parents will share responsibilities and make decisions regarding their child’s upbringing. Courts in California encourage parents to develop a mutually agreed-upon plan, but if they cannot, the court will step in to make custody and visitation decisions based on the child's best interests. Here’s what should be included in a parenting plan: 1. Physical C...
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How to File a Restraining Order in California

Posted on by Lauren Rownd
If you or someone you know is navigating such a dangerous situation, it’s essential to seek the appropriate support and resources available. A restraining order (also called a protective order) is a legal tool designed to protect individuals from harassment, threats, abuse, or violence. In California, there are different types of restraining orders depending on the relationship between the parties and the type of harm involved. If you are seeking legal protection during a high-conflict divorce ...
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Child Custody in California: Married vs. Unmarried Parents

Posted on by Lauren Rownd
Child custody is one of the most critical legal issues for parents who are no longer together. In California, custody laws apply to both married and unmarried parents, but the legal processes and presumptions can differ significantly. Understanding these differences is essential for parents seeking custody arrangements that serve the best interests of their children. Married Parents When married parents separate or divorce, both parents are presumed to have equal legal rights to their chi...
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Adoption and Child Custody

Posted on by Lauren Rownd
Navigating a Child Custody dispute can be distressing as the outcome is often integral to your child’s safety, sense of security, development, and overall well-being. When a parent is navigating this with an adoptive child, further questions regarding their rights and limitations may arise. It is important to note that, often, your rights as an adoptive parent are the same as those of birth parents. The court's priority is the best interest of the children which is prioritized ahead of many fac...
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How to Determine What is the “Best Interest of the Child” as to Custody Under California Family Law

Posted on by Lauren Rownd
In California, the determination of the best interests of the child in custody cases is governed by several statutes and case law principles. The primary legal standard is the "best interest of the child" standard, which allows the court wide discretion to choose a parenting plan that serves the child's best interests In re Marriage of Burgess, 13 Cal.4th 25 (1996)) Factors to Determine, “Best Interest of the Child”.  Key factors that the court must consider in determining the best i...
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