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Read MoreIn a custody case, California courts are not asking who deserves more time with the child, they are asking what arrangement serves the best interests of the child. This means that judges consider specific factors such as each parent’s ability to provide a stable home, maintain emotional bonds, and support the child’s daily needs.
To protect your rights, your case must present a detailed picture of your parenting role and your child’s routine. It is not enough to say you are a good parent; you have to show it through clear evidence and strategic preparation.
At Wade Litigation, we help parents manage the custody process with clarity and focus. We know how to work within the system while keeping your family’s well-being front and center. If you are ready to talk about your case, call us today at 888-705-5059 for a confidential consultation.
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Key Takeaways for California Child Custody
- The “Best Interests of the Child” standard is a legal formula, not a feeling. A judge must weigh specific factors listed in the California Family Code, such as each parent’s ability to provide care and the child’s established bonds. Your case must be built around proving these factors.
- Your daily actions now are building your case for the future. Courts prioritize stability. The parent who can demonstrate a consistent, calm, and structured routine for the child holds a significant advantage.
- California courts prefer joint legal custody. This means judges start with the expectation that both parents should share the responsibility for making major decisions about a child’s health, education, and welfare.
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How Wade Litigation Approaches California Family Law
At Wade Litigation, our practice focuses entirely on family law matters, including California child custody and divorce.
What You Can Expect When You Work With Us
We believe a clear process leads to better outcomes. Here is what that looks like for our clients:
- Direct and Personalized Attention: You will work directly with our legal team. We take the time to understand your unique family situation and what a successful outcome means for you.
- A Proven Systematic Approach: With over 35 years of collective experience, our firm has developed a methodical way of building a custody case. We handle the paperwork, the court filings, and the negotiations, which allows you to focus on your child.
- Recognized for Client-Centered Service: Our commitment is reflected in numerous five-star reviews and awards for client satisfaction. We have been recognized by organizations like the National Academy of Family Law Attorneys and the American Institute of Family Law Attorneys.
Grounded in the Santa Clara Community
Our main office is in San Jose, serving families throughout California. We understand the local rules and procedures in the Santa Clara County family courts and beyond, which allows us to provide guidance tailored to the court handling your case.
No-Obligation Case Review
Every custody situation is different. We offer a confidential consultation to discuss your circumstances, answer your initial questions, and explain how we can help.
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What Does "Best Interests of the Child" Actually Mean?
For parents, issues of child custody are the most important part of a divorce. Our firm approaches these sensitive matters with a focus on protecting your children and your parental rights.
The court’s sole consideration is the “best interest of the child.” We help you create a detailed and stable parenting plan that addresses both:
- Legal custody: The right and responsibility to make decisions about your children’s health, education, and welfare. Courts strongly favor joint legal custody.
- Physical custody: The schedule of when the children will be with each parent. This can range from a 50/50 split to a primary custody arrangement with a visitation schedule for the other parent.
We work to negotiate parenting plans tailored to your family’s needs, but we are always prepared to litigate to protect your relationship with your children.
Child support
The state’s guideline formula calculates child support. The primary factors are each parent’s income and the amount of time each parent spends with the children. We ensure the court has accurate income information and considers all relevant financial factors to arrive at a fair support amount.
The Divorce Process in Los Angeles County
We guide our clients through every stage of the divorce process with clarity and purpose.
Filing the petition and initial disclosures
The divorce process begins when one spouse files a Petition for Dissolution of Marriage. The other spouse then files a Response. Shortly thereafter, both parties must exchange preliminary declarations of disclosure, which are comprehensive financial statements that list all assets, debts, income, and expenses.
Temporary orders (“Pendente Lite” Relief)
Finalizing a divorce can take many months. In the meantime, you need rules for custody, support, and financial matters. We can ask the court to make temporary orders at the beginning of the case to establish a stable status quo while the divorce is pending.
The discovery process
Discovery is the formal process of gathering information and evidence. We use legal tools like depositions, subpoenas, and written questions to obtain a complete picture of the marital estate and any other relevant facts.
We use a thorough discovery process in high-asset cases to uncover hidden assets and ensure a fair property division.
Reaching a resolution
Most divorces in Los Angeles are resolved through a negotiated settlement agreement. We are skilled negotiators who advocate for your interests in settlement conferences and mediation.
However, if the other party is unreasonable, we are experienced trial attorneys who will not hesitate to take your case to trial to fight for a just outcome.
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What Happens When a Parent Is Alleged to Be Unfit?
An allegation that a parent is “unfit” is one of the most serious claims in family court. It means that a parent’s behavior or living situation is alleged to be a direct threat to a child’s physical or emotional well-being. Courts do not take this lightly and require substantial proof.
Circumstances that might lead a court to question a parent’s fitness include:
- Domestic Violence: If a court finds that a parent has committed domestic violence within the last five years, California law creates a “rebuttable presumption” that giving that parent custody is not in the child’s best interest. This means the burden is on the accused parent to prove to the court why they should have custody.
- Substance Abuse: A parent’s chronic drug or alcohol use that impairs their ability to care for the child or creates a dangerous environment is a primary concern for the court.
- Untreated Mental Illness: A mental health diagnosis alone does not make a parent unfit. The key issue is whether the condition is being managed and if it negatively affects their ability to provide a safe and stable home for the child.
- Neglect or Abandonment: Failing to provide basic necessities like food, shelter, and medical care, or having little to no involvement in the child’s life, can be grounds for finding a parent unfit.
If these allegations are proven, a judge may order solutions like supervised visitation, where a neutral third party is present during parenting time to ensure the child’s safety.
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The Building Blocks of a California Custody Order
A custody order is a detailed legal document outlining parental rights and responsibilities. It is broken into two parts: legal custody and physical custody.
What is Legal Custody?
This is about who makes the big decisions in your child’s life.
- Sole Legal Custody: One parent has the exclusive right to make decisions about the child’s health, education, and welfare. This is uncommon and typically reserved for situations where one parent is deemed unfit or is absent.
- Joint Legal Custody: Both parents share this right. California courts prefer joint legal custody because it encourages both parents to stay involved. This requires you and the other parent to communicate and agree on major issues, such as school enrollment, medical treatments, and extracurricular activities.
What is Physical Custody?
This determines where the child lives.
- Sole Physical Custody: The child lives with and is under the supervision of one parent. The other parent, sometimes called the non-custodial parent, usually has visitation rights.
- Joint Physical Custody: The child lives with both parents for significant periods. “Joint” doesn’t automatically mean a 50/50 split; it just means each parent has substantial and frequent time with the child.
The Parenting Plan: Your Family’s Blueprint
The final custody order includes a detailed parenting plan, which is the practical blueprint for your co-parenting relationship. This schedule outlines the specific days and times the child will spend with each parent, including detailed arrangements for holidays, birthdays, school breaks, and vacations. A well-drafted parenting plan prevents future conflicts by setting clear expectations from the start.
The Custody Process Step-by-Step
First, a Case is Opened.
A custody case starts when one parent files a petition with the family court in the county where the child has lived for the last six months. This paperwork formally asks the court to make custody orders.
Next, You Attend Mandatory Mediation.
Before you can argue your case before a judge, California requires most parents to attend mediation, officially called Child Custody Recommending Counseling (CCRC). A trained, neutral professional meets with both parents to help create a mutually agreeable parenting plan. The goal is to resolve the dispute without a courtroom battle, which reduces conflict and gives you more control.
The CCRC process can differ by county. In some counties, like Santa Clara, the counselor will make a written recommendation to the judge if you cannot agree. In others, the process is confidential. Our team understands the local rules wherever your case is filed and will prepare you for what to expect.
Then, the Court May Issue Temporary Orders.
Life doesn’t pause while a case is ongoing. A judge can issue temporary custody orders at an early hearing to provide stability for the child. These orders establish a parenting schedule that remains in place until a final order is made. While not permanent, these temporary orders sometimes influence the final child custody arrangement.
Finally, a Final Order is Reached.
A final custody order is legally binding until a child turns 18. It can be reached in two ways:
- By Agreement (Stipulation): If you and the other parent agree on a parenting plan, you can submit the written agreement to the court. A judge will review it to ensure it serves the child’s best interests and then sign it, making it an official court order.
- By Court Order After a Hearing: If you cannot agree, your case will proceed to a contested hearing. Both parents will present evidence, call witnesses, and make arguments. The judge will then make a final decision based on the “best interests of the child” standard.
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How to Protect Your Parental Rights Starting Today
The evidence of your parenting ability isn’t just what you say in court, but what you do every day. Here are practical steps you can take from home.
Create a Consistent Routine.
Courts value stability. Showing that you provide a predictable and structured environment is powerful. Stick to regular meal times, bedtimes, and homework schedules. This consistency demonstrates your focus on your child’s well-being.
Document Your Involvement.
Keep a simple journal or calendar. Note the days you have your child, the activities you do together, and your involvement in their school and medical care. This record is evidence to counter claims that you are not an involved parent.
Manage Communication with the Other Parent.
Keep all communication focused on the children. It is usually best to use written communication, like email or a parenting app, to create a clear record. Do not discuss the legal case or old arguments; stick to logistics about pickups and appointments. This shows your ability to co-parent maturely.
Stay off Social Media.
Assume anything you post online could be shown to the judge. Avoid posting about the case, making negative comments about the other parent, or sharing photos that could be misinterpreted as poor judgment. The smartest policy is to refrain from posting until your case is resolved.
Frequently Asked Questions by California Parents
Can I move out of state with my child?
If a custody order is in place, you generally need the other parent’s written consent or a court order to move away with your child. This is a “relocation” case, and the rules are stringent. If parents share joint physical custody, the parent wishing to move must prove to the court that the move is in the child’s best interest. If the moving parent has sole physical custody, the burden shifts to the other parent to prove the move would be harmful to the child.
At what age does a 50/50 custody schedule make sense?
There is no set age. A 50/50 schedule’s suitability depends on the child’s developmental stage, the parents’ ability to cooperate, the distance between their homes, and work schedules. A plan that works for a teenager may not be appropriate for a toddler who needs more consistent routines.
If we have 50/50 custody, do I still have to pay child support?
Yes, you might. California calculates child support with a statewide formula that considers each parent’s income and their percentage of time with the child. Even with a 50/50 time-share, if one parent earns significantly more than the other, they may be required to pay support to ensure the child’s standard of living is consistent in both homes.
How can I change our current custody order?
To modify a final custody order, you must file a request with the court and show there has been a “significant change in circumstances” since the last order was made. This could be a parent’s relocation, a change in work schedule, or new concerns about the child’s well-being. You must also prove the change you are requesting is in the child’s best interest.
Does it matter who files for custody first?
No. The court does not give a legal advantage to the parent who files the first petition. The judge’s decision will be based entirely on the facts presented and the “best interests of the child” standard, not on who initiated the court proceedings.
Let Us Help You Focus on Your Child’s Future
The goal is a stable, predictable routine that allows your child to flourish. This is done with a clear, well-structured parenting plan that a court can enforce. You don’t have to create this document on your own. An experienced family law attorney uses the tools provided by the legal system to protect your relationship with your child.
Our legal team at Wade Litigation is here to provide the guidance you need. We handle the court system so you can focus on what matters most: being a parent.
To discuss your situation and learn how we can help, please call us for a confidential consultation at 888-705-5059.
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