phn icon

Call For A Consultation
408-214-5225

Bakersfield Child Custody Attorney

Wade Litigation represents parents in Bakersfield and Kern County in child custody and visitation cases, from first-time parenting plans to contested relocations and emergency orders. Our attorneys appear regularly in the Kern County Superior Court’s family law division in downtown Bakersfield, prepare every case for a judge, and offer a no-cost case evaluation so you understand your options before you act.

Why Bakersfield Parents Choose Wade Litigation for Custody Matters

Custody cases are decided on evidence: who has been doing the parenting, what each home offers, how the parents communicate, and whether there are safety concerns. We build that record from the first meeting, prepare our clients for their Family Court Services appointment, and present the case to the court clearly and credibly. Parents choose us because we are direct about what the law allows, we move quickly when a child’s safety is at issue, and we do not escalate conflict that does not serve the child.

Legal and Physical Custody Under California Law

California separates custody into two parts. Legal custody is the right to make decisions about a child’s education, health care and welfare; it is usually shared. Physical custody is where the child lives and the schedule of time with each parent; it can be joint or primarily with one parent. The court decides both on the best interest of the child, guided by the policy in Family Code sections 3020 and 3040 that children benefit from frequent and continuing contact with both parents when that contact is safe. There is no preference for mothers or for fathers.

Custody Cases in Kern County

Bakersfield is the seat of Kern County, one of the largest counties in California by land area, with an economy built on energy and agriculture. Family law matters here frequently involve oilfield and agricultural employment with irregular income, long commutes between parents’ homes, and relocation requests tied to work, all of which affect how support and custody are decided.

How Custody Cases Proceed Through Kern County Superior Court

A custody case begins inside a divorce, a legal separation, or a parentage action for unmarried parents. A parent who needs orders files a Request for Order describing the schedule and decisions they are asking the court to make. Before the hearing, the parents attend child custody mediation at Family Court Services, where a mediator meets with both parents and attempts to help them agree; where the parents cannot agree, the mediator in many California counties provides a written recommendation to the judge. The court then holds a hearing and can adopt, modify or reject that recommendation. Contested cases may involve a custody evaluation, minor’s counsel, or a trial.

Preparing for Your Family Court Services Appointment

The mediation appointment is often the single most important event in a custody case, because judges give real weight to what comes out of it. We prepare clients to present a specific, child-focused parenting plan, to document their involvement in school, medical care and daily routines, and to address the other parent’s concerns calmly. Showing up with a plan that works for the child is far more persuasive than a list of complaints about the other parent.

Emergency Custody Orders

When a child is in immediate danger, or a parent is about to remove the child from the state, the court can issue emergency orders on short notice, typically on one court day’s notice to the other parent. Emergency orders are temporary and are followed by a full hearing. We handle these requests on an expedited basis, and we also defend parents against emergency requests that are not supported by the facts.

Move-Away and Relocation Requests

A parent with primary physical custody generally has the right to move with the child unless the other parent shows the move would harm the child, while parents who share custody face a full best-interest analysis. Relocation cases are among the most contested in family law, and the outcome depends on the existing custody arrangement, the reason for the move, the distance, and each parent’s relationship with the child. We represent both parents seeking to relocate and parents opposing a move.

Modifying and Enforcing Custody Orders

A final custody order can be changed when there has been a significant change in circumstances affecting the child, and a parenting schedule can be adjusted on a showing that the change is in the child’s best interest. When a parent will not follow the order, the remedies range from make-up time and modification to contempt. We handle both sides of these post-judgment disputes.

Custody for Unmarried Parents

Unmarried parents have the same custody rights as married parents once parentage is established, by a voluntary declaration signed at the hospital or by a court order. A parentage action establishes the legal relationship and lets the court make custody, visitation and support orders. Our Bakersfield family law attorneys handle parentage cases alongside custody.

Serving Parents Throughout Kern County

We represent parents in Bakersfield, Delano, Ridgecrest, Tehachapi, Wasco, Shafter, Arvin, Taft and every other community in Kern County. Consultations are available by phone and video, and in person by appointment. If custody is in dispute in your divorce or parentage case, contact Wade Litigation for a no-cost case evaluation.

Does California favor mothers in custody cases?

No. California law expressly prohibits a preference based on a parent’s sex. Custody is decided on the best interest of the child, and the court looks at each parent’s actual involvement and ability to care for the child.

There is no age at which a child decides. Under Family Code section 3042, a court must consider the preference of a child who is fourteen or older if the child wishes to express one, and may consider a younger child’s preference, but the child’s wishes are one factor among many.

Yes, in contested cases. Parents attend child custody mediation through Family Court Services before a judge rules on disputed custody or visitation. Where the parents cannot agree, the mediator’s written recommendation, if one is provided, goes to the court.

Yes, when a child faces immediate harm or risk of removal from the state. The court can issue temporary emergency orders on very short notice, followed by a full hearing. We prepare these requests on an expedited basis.

It depends on your current custody arrangement. A parent with primary physical custody generally may relocate unless the other parent shows the move would harm the child; parents with shared custody face a full best-interest analysis. Talk to an attorney before making plans.

You can ask the court for make-up parenting time, a modification of the order, or a finding of contempt. Keep a written record of each missed exchange or violation, because that record is what the court will rely on.

Representing
Clients Throughout California

Fields Marked With An ”*” Are Required

Testimonials