Los Angeles Child Custody Lawyers: Protecting Your Children

Establishing paternity or going through a divorce or separation with children can be incredibly daunting. Questions about your children’s well-being, such as “Where will they live?” and “How much time will I get to see them?” can cause immense stress. These are critical issues that need to be resolved when families separate or start the process of establishing paternity.

The Reape-Rickett Law Firm’s experienced visitation and child custody attorneys in Los Angeles understand the emotional challenges you face. We can help you navigate this difficult situation and develop a strategic plan that prioritizes the best interests of your children while protecting your parental rights..

Understanding Child Custody in California: Legal vs. Phsycial

California law focuses on the “best interests of the child” when determining child custody and visitation arrangements. Two main aspects of child custody are:

Legal Custody: Refers to the right and responsibility to make decisions about a child’s health, safety, and welfare, including healthcare, education, and authorization of legal documents such as a passport or driver’s license. This can be awarded jointly (both parents share decision-making) or solely to one parent.

Physical Custody: Refers to which parent the child lives with. Arrangements can range from sole custody (child lives primarily with one parent) to joint custody with significant time spent with both parents.

Sole vs. Joint Custody

California courts consider several factors to determine the type of custody that best serves the child’s interests. These factors include:

The child’s age, health, and emotional well-being.
The ability of each parent to provide for the child’s needs.
The history of the parent’s relationship, including any history of domestic violence.
The child’s relationship with each parent and siblings.
The stability of each parent’s home environment.

Sole custody may be awarded when in the child’s best interests, or to suit the existing familial structure where one parent was the primary caregiver, or if there are concerns with a parent’s ability to care for the children such as instances of domestic violence, abuse etc.

Joint custody, on the other hand, is when both parents share in the decision-making process for legal custody and have 50/50 custody or another type of shared custody and visitation arrangement. Joint custody can be beneficial when child has strong relationships with each parent and both parents can communicate effectively to parent their children.

Custody and Visitation Orders aka Parenting Plans: A Roadmap for Co-Parenting

A parenting plan, also known as child custody and visitation orders, is a crucial document that outlines the details of your child custody arrangement. It’s important to remember that parenting plans must be in the best interest of your children. Your plan should address:

Schedule: This specifies how much time the child spends with each parent, including weekdays, weekends, and vacations. You should also include a designated holiday schedule that takes precedence over the regular plan.

Decision-Making: The plan clarifies how major decisions (education, healthcare, religion) will be made jointly or by one parent.

Communication: The plan establishes clear communication methods between parents regarding the child’s well-being.

Conflict Resolution: Strategies for addressing disagreements in a constructive manner can be outlined.

Right of First Refusal: Determining if parents agree to right of first refusal, when one parent must offer the other parent the ability to take the children before having another family member or other babysitter take care of the children if the parent is unable to do so during their custodial time.

Having a written parenting plan promotes clarity, reduces conflict, and ensures all parties are on the same page. To ensure your plan is legally enforceable, consider filing a Stipulation and Order with the court during your Paternity/Dissolution case.

Resolving Child Custody Disputes in California

While parents can attempt to create a child custody and visitation agreement outside of court, unless written and filed with the court, these agreements aren’t enforceable. Unfortunately, this can create situations where one parent may have an advantage based on their current living situation. Further, without a legally enforceable agreement, disputes and disagreements are much more difficult to resolve and can create more stress for the children and parents. Additionally, it is very common for agreements drafted without the assistance of an experienced child custody lawyer to have incomplete or inadequate provisions for school holidays, summer or other annual vacations, or stipulations for emergency situations, alternative childcare provisions and more which often lead to conflict.

This underscores the importance of involving an experienced child custody attorney early in the process to ensure you have a thorough and enforceable custody and visitation agreement while protecting your child’s best interests and minimizing disputes. When possible, we can assist parents to developing a detailed parenting plan that protects then children and provides clear orders for custody and visitation including communication, places for custody exchanges, the right of first refusal and more.

Reaching an Agreement with Court Assistance

When parents aren’t able to reach an agreement and need involve the court, the courts encourage parents to resolve their child custody and visitation issues by reaching an agreement on their own. This collaborative approach often involves:

Parenting Classes: Commonly, the court will require that parties complete educational parenting classes called “Parents and Children First” and submit proof of completion to the court.

Negotiation: Parents work directly with each other, possibly with their attorneys’ guidance, to negotiate a custody arrangement that addresses all aspects of the child’s life.

Conciliation Court: A neutral third party, such as a mediator, facilitates communication with the goal of helping parents find common ground to create mutually agreeable parenting plan.

In Los Angeles County the Conciliation court the mediator does not make custody recommendations to the court.

In Ventura County the mediator can make custody recommendations to the court.

Litigating Child Custody and Visitation Agreements

If an agreement cannot be reached through negotiation or Conciliation Court, the court will make custody and visitation orders based on the evidence presented. The court has broad authority to fashion a parenting plan that they believe serves the child’s best interests. This process, known as litigation, typically involves filing a Request for Order with the court and attending hearings where both sides present evidence and arguments. Here are some potential outcomes:

Ordering Legal & Physical Custody: The court can order if parents will be awarded sole or joint custody for both Legal and Physical Custody including visitation schedules, holiday schedules and provisions for summer break, extra-curricular activities, details for custody exchanges, and more.

Supervised Visitation: The court may order supervised visitation, where a court-appointed person oversees visits between the child(ren) and a parent.

Modified Custody Arrangements: The court can modify an existing parenting plan including legal and physical custody arrangements, based on the evidence presented.

Suggestions for Smooth Custody Exchanges

At any stage of the custody agreement process, having clearly defined times and locations for custody exchanges, where the children drop-off and pick-up their child for their custodial time is essential. Smooth and stress-free custody exchanges benefit both children and parents. Here are some suggestions:

Neutral Location: Choose a public place for exchanges, such as a park or school, to minimize tension.

Communication Etiquette: Maintain a polite and professional demeanor during exchanges, focusing on the well-being of the child.
Handoff Routine: Establish a consistent routine for drop-off and pick-up to minimize disruption for the child.

In high-conflict situations, it may be safer and easier to conduct exchanges in the lobby or in front of a local police or sheriff’s station. These locations often have video and/or audio recording, and the presence of law enforcement personnel can provide a sense of security for parents during exchanges. This option is particularly suitable in cases involving domestic violence.

Resources for Co-Parenting Success

Navigating the challenges of co-parenting can be assisted with the right support system in place. For valuable information and guidance, consider exploring online resources – websites, articles, and apps specifically geared towards co-parents offer a wealth of knowledge and strategies. Two popular apps, Talking Parents and OurFamilyWizard, help parents communicate by providing a transcript of all messages and can offer helpful suggestions to facilitate cordial and productive conversations.

Joining a support group can allow you to connect with others facing similar situations, fostering understanding and a sense of shared experience. Additionally, mediation services can be a powerful tool, providing a neutral facilitator who can help improve communication and guide co-parents towards mutually beneficial agreements on specific parenting issues.

Beyond Custody: Additional Considerations

It’s important to remember that many other factors can impact child custody and visitation decisions during a separation, divorce or paternity matter. These factors include domestic violence, requests for relocation, criminal conduct allegations, and child abuse – to name a few. An experienced child custody and visitation attorney can help you navigate these complexities and advocate for your parental rights while prioritizing your child’s well-being.

Let Our Los Angeles Child Custody Lawyers Help You

Understanding child custody arrangements is essential for navigating this challenging time. The Reape-Rickett Law Firm’s Los Angeles child custody and visitation attorneys can help you:

Develop a parenting plan: We will guide you in creating a comprehensive plan that prioritizes your child’s needs.

Negotiate an agreement: Our skilled team strives to reach a fair and workable agreement outside of court whenever possible.

Advocate in court: If necessary, we will represent your interests effectively in court.

Contact the Reape-Rickett Law Firm Today

If you are facing child custody and visitation issues in Los Angeles, don’t hesitate to contact our compassionate and experienced attorneys. We understand the importance of protecting your parental rights while advocating for the well-being of your child.