Skilled Legal Assistance With Child Custody And Parenting Time Issues

Are you going through a divorce in California? Is your long-term relationship ending? If you have children with your spouse or partner, issues of child custody and visitation are of utmost importance. Do not assume that a decision will be made in your favor. Consult an experienced family law and divorce attorney for quality legal help through this process.

Committed To Protecting Your Rights To Your Children

At the Auburn Law Office of Chandra E. Miller, I highly encourage parents to reach an agreement through negotiation, collaborative law or mediation when children are involved. I am experienced in all of these tracks. I am also experienced in litigation, and I understand that some disputes simply cannot be resolved through amicable means. If you need to take your case to court, I will aggressively pursue your position, fighting for the best possible outcome and securing the needs of your children and you as a parent

The Difference Between Legal And Physical Custody In California

Two types of child custody must be addressed: legal custody and physical custody. Both must be addressed in the child custody order.

  • Legal Custody: Legal custody concerns decisions made on behalf of the child. This includes decisions about nonemergency medical care, schooling, day care and other similar issues. Typically, this type of custody is shared between parents, except in extraordinary circumstances.
  • Physical Custody: Physical custody concerns the time the child spends with each parent. In the past, the term "visitation" was used to refer to the right of the noncustodial parent to see the child. This term is not used anymore, as the idea that a parent would have to visit his or her own child is offensive. Parenting time is a more accurate term. In most cases, while there is a custodial parent the child will live with, the goal is for both parents to play a frequent and continuing role in the child's life. There are no "visiting" parents.

Child custody issues also arise in situations where the parents are unmarried. In these situations, a Petition to Establish Parentage is filed.

Helping You Understand The Legal Process In California

In California, parents can control the outcome.

  • If parents can agree on how to share their children, that agreement is presumed by the courts to be in the children's best interests.
  • If parents cannot agree on how to address child custody and parenting time, they have to go to mediation.

A mediator will work with the parents to help them reach an agreement. If an agreement cannot be reached — and depending on whether the county is recommending or confidential — the mediator may make a recommendation to the courts as to which parenting plan is best for the children.

In confidential counties, the mediator will provide a list of disputed issues and agreements made between the parents during mediation to the court. Custody recommendations are influential to the court, as the mediators are considered court experts. However, a recommendation remains just that and can be disputed in court.

Committed, Compassionate And Tough Legal Assistance

The Law Office of Chandra E. Miller is here to help you through this emotionally charged process. Get a skilled lawyer on your side today by calling me locally at 530-377-5022 or toll free at 866-679-7592. You may also connect with me online.