Novato Child Custody Attorney

Wade Litigation represents parents in Novato and Marin County in child custody and visitation cases, from first-time parenting plans to contested relocations and emergency orders. Our attorneys appear regularly in the Marin County Superior Court at the Civic Center in San Rafael, prepare every case for a judge, and offer a no-cost case evaluation so you understand your options before you act.

Why Novato 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 Marin County

Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office across the Golden Gate. Marin’s high property values and dual-income households mean that even a straightforward divorce can involve a substantial family home, stock compensation, and retirement accounts that must be characterized and divided correctly.

How Custody Cases Proceed Through Marin 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 Novato family law attorneys handle parentage cases alongside custody.

Serving Parents Throughout Marin County

We represent parents in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin 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.