child custody

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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Handling Harassment During Your Custody Case

Posted on by Lauren Rownd
Child custody cases can be emotionally charged and stressful, especially when one parent uses harassment as a tactic to gain control or manipulate the situation. Harassment during a custody case not only affects you as a parent but can also create a toxic environment that negatively impacts your child’s well-being. It's essential to recognize when another parent's behavior escalates to the point that legal intervention is necessary. Knowing how to document specific incidents and navigate the co...
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Unfair Child Support Payments: Your Legal Options

Posted on by Lauren Rownd
In California child support payments are calculated based on a formula provided in the Family Code section 4055,  which is presumed to protect the child’s best interest. However, this is a rebuttable presumption, and the parent has a right to prove to the court that the formula would be unjust or inappropriate in their particular case. Cal. Fam. Code § 4057.  A court may decide to vary from the statutory guideline in exceptional circumstances such as, when a person qualifies for a ...
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Child Custody: Your Options if Your Child is in Danger

Posted on by Lauren Rownd
For some parents, co-parenting comes with the terrible reality that the person a child needs protection from is the other parent. When a parent is engaged in actions that endanger your child having changes made to parenting time and the child custody arrangement is crucial.  What Can I Do? Protecting children and their right to be safe and free from abuse is the court's “primary concern”. In cases where children are involved, the court aims to ensure that they have regular and ongoin...
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How to Prove that You Are Fit for Custody

Posted on by Lauren Rownd
Child custody cases in California often involve a thorough evaluation of each parent's ability to provide a stable, nurturing environment for their child. A court will not place a child with a parent they find unfit for custody. In the event that you need to prove your parental fitness to the court, a child custody lawyer can help you navigate the process. What is an “Unfit” Parent? In California, the term "unfit parent" is not used by courts lightly. An unfit parent is one who fails to p...
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The Rights of Grandparents in Custody Cases in California

Posted on by Lauren Rownd
California law recognizes the critical role grandparents often play in the lives of their grandchildren. However, a child's parents typically have the right to decide if their child will see their grandparents. There are limited circumstances where grandparents can assert their rights to maintain a relationship with their grandchildren or, in some cases, seek custody. Parties on all sides of a grandparent custody or visitation dispute should seek counsel from a child custody attorney. Grandp...
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Emergency Child Custody in California

Posted on by Lauren Rownd
When a child's safety or well-being is in jeopardy, California courts recognize the urgency of the situation by allowing for emergency child custody orders, often called ex parte orders. These orders serve as a vital means to ensure the immediate protection of a child from potential harm. Whether the circumstances involve domestic violence, substance abuse, neglect, or other pressing issues, the provision for emergency child custody is sometimes essential to safeguard the child's best interests...
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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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Negotiating Holidays in Custody Cases

Posted on by Lauren Rownd
child custody lawyer
Negotiating holidays in child custody disputes can be challenging, but it’s essential to approach the conversation with patience, flexibility, and a focus on the child’s best interests. An experienced child custody lawyer can help negotiate and reach an agreement that works for both parties.  Here are a few tips for effectively negotiating holidays in custody disputes: 1. Prioritize the Child’s Best Interests The first and most important principle in custody negotiations is to foc...
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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 successfully ...
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