San Mateo, California Child Custody Lawyers

When parents separate or divorce, the complex emotions and stress naturally associated with parental concerns about their children often make child custody and support issues difficult to resolve. When parents cannot reach agreement, we vigorously advocate to get the best outcome for their children.

At ADZ Law, LLP, our child custody lawyers have extensive experience in helping clients navigate custody and support issues. We draw on our skill in negotiation and mediation to help create a parenting agreement that minimizes conflict and maximizes cooperation. When agreement cannot be reached, or negotiation is not an option, our attorneys also have the skill and tenacity to litigate these issues and fight for our clients in court. Our attorneys help clients in San Mateo, California and throughout the San Francisco Bay Area.

Child Custody and Visitation in California

California family courts follow the best interest of the child standard to determine child custody. A wide range of case-specific factors enters into the best interest evaluation, including the age and health of the child, the child’s emotional ties with each parent, the child’s ties to school and community, each parent’s ability to care for the child, and any issues involving domestic violence or substance abuse by either parent.

Generally, California child custody law is based on the presumption that frequent and continuing contact with both parents is in the best interest of a child, but every situation is evaluated based on the unique facts of the case.

Safeguarding the child’s health and welfare is also important. For example, if there is a history of domestic violence, the courts must focus on protecting children when making custody decisions, because the law in California recognizes that the presence of domestic violence in the home can negatively impact a child’s physical and mental health. The family attorneys at ADZ Law are experienced in navigating these complex cases and are committed to advocating for the safety and well-being of children. We work diligently to ensure that the court fully understands the impact of domestic violence on the child and to secure custody arrangements that protect the child from further harm.

A child custody determination involves both legal and physical custody of a child:

• Legal custody relates to who can make decisions on the child’s behalf about health, education, residency, and welfare.
• Physical custody relates to where the child will live most of the time.

Custody may be characterized as joint legal custody, sole legal custody, joint physical custody, or sole physical custody.

In our practice at ADZ Law, our child custody lawyers understand that each family is unique. We guide you through the process and work toward a resolution that is best for you and your children.

Creating a Parenting Plan

When parents with children end a relationship, a parenting plan must be put in place by the court to address custody and visitation. Generally, California courts favor the custody and visitation arrangements that were in place prior to seeking court intervention, unless the best interests of the child dictate otherwise.

In California, all contested child custody and visitation issues must go through child custody counseling prior to being heard by the court. Parents may choose to engage in child custody counseling through the court or engage in private child custody counseling or mediation, which are often more robust and allow for a more thorough examination of the issues. Parents are encouraged to negotiate the terms of a parenting plan or resolve disagreements over custody through mediation, child custody counseling or other means of alternative dispute resolution. If an agreement is not reached on any or all issues, the court makes a decision on the outstanding disputes and will make orders establishing a parenting plan after a court hearing or trial.

In addition to establishing legal and physical custody, a parenting plan includes terms relating to parenting time, which is also referred to as visitation. There are different types of visitation orders, such as equal parenting time, supervised visitation, no visitation, etc.

Hiring Our Child Custody Lawyers for Help

The complexity of child custody issues, including determining the best interest of the child and developing a parenting plan, make it essential to have capable legal representation throughout the entire custody process. The child custody lawyers at ADZ Law have many years of experience helping clients with the myriad of issues in custody cases.

Our attorneys excel at negotiating the terms of a parenting plan while protecting the client’s goals, rights, and interests. We help clients prepare a clear, specific, and enforceable parenting agreement to minimize conflict and maximize cooperation. If agreement cannot be reached on all issues, we fight for the client in court by applying our proven litigation skills and knowledge to obtain legal relief from the judge.

Child Support in California

California law establishes a guideline formula to calculate child support based on income and earnings of each parent, how much time each parent spends with the child, tax filing status, and other factors. The state provides an online calculator that can be used to estimate the amount of child support a parent owes.

Child support is intended to ensure that the child has access to resources necessary for their development and well-being. Allocations in an individual case vary, depending on the needs of the child and the court’s best interest evaluation. Despite the guideline calculation formula, individual circumstances may justify requesting the court to make variations to the amount of support in a specific case.

In most cases, support payments are intended to cover:

• Basic needs for food, shelter, and clothing and a stable living environment
• Financial support for educational expenses, including fees, supplies, and extracurricular activities
• Healthcare payments for medical (and often dental) services, such as insurance premiums, co-pays, and uninsured medical costs
• Childcare expenses, if the custodial parent requires childcare for employment.
• Extracurricular activities, such as involvement in sports, music or other lessons, or special activities

Both parents have financial responsibility for supporting their children, typically until the child turns 18 years old (or 19 years old if still in high school), unless the child is disabled and cannot support themselves or parents agree to continue support. In some cases, parents can reach agreement on child support issues. If an agreement cannot be negotiated, the court decides the issue and establishes a child support order.

Modifying a Child Support Order

Getting modifications to the amount of child support to account for special circumstances is best accomplished with help from an experienced lawyer. The child support attorneys at ADZ Law are thoroughly versed in the state guideline and understand how to demonstrate the need for adjustments to the calculated amount. Our experience includes handling many different, unique situations relating to child support.