When it comes to child custody cases in California, the court’s primary concern is always the well-being and best interests of the child. If one parent is deemed “unfit” by the court, custody will almost always be granted to the other party.

At Holstrom, Block & Parke, we understand how deeply emotional and complex these cases can be. Our years of experience in family law have shown us time and time again that determining parental fitness is often a pivotal issue in custody disputes. 

So, what exactly does it mean to be an “unfit parent,” and how does the court decide? Let’s explore the key factors that come into play.

Legal Definition of an Unfit Parent in California

In California, an unfit parent isn’t just someone who struggles with parenting or makes occasional mistakes. The law focuses on behaviors or circumstances that jeopardize a child’s safety, health, or emotional well-being. According to California Family Code Sections 3011 and 3040, the court evaluates parental fitness based on the best interests of the child. This includes:

• The child’s health, safety, and welfare.
• Any history of abuse or neglect.
• The nature and amount of contact with both parents.
• Parental behaviors that could endanger the child.

In short, being deemed unfit is about endangerment, not imperfection. The courts realize that no parent is perfect. Instead, they scrutinize a parent’s fitness to ensure the child is raised in a stable, loving, and safe environment.

Factors Determining Parental Unfitness

Determining parental unfitness can stem from a range of behaviors or circumstances. Below, we’ll break down the key factors courts consider when evaluating fitness.

Abuse and Neglect

Abuse and neglect are among the most serious factors in custody cases. This includes:

• Physical abuse: Any form of violence or physical harm inflicted on a child.
• Emotional abuse: Behavior that damages a child’s mental health, such as constant criticism or intimidation.
• Sexual abuse: Engaging in or exposing a child to inappropriate sexual activities.
• Neglect: Failing to provide basic needs, like food, shelter, and medical care.

Even if the child is not directly harmed, witnessing domestic violence can have lasting effects on their emotional and psychological well-being. The court takes these issues very seriously, as they can have lifelong impacts on a child’s development.

Substance Abuse

Substance abuse can severely impair a parent’s ability to care for their child. This includes:

• Using drugs or alcohol to the extent that it compromises judgment or parenting abilities.
• Driving under the influence while the child is present.
• Leaving substances accessible to the child or exposing them to drug-related activities.

When substance abuse creates an unsafe environment, it’s often a strong indicator of unfitness.

Mental Health Issues

Mental health challenges alone don’t make a parent unfit. However, untreated or severe mental illnesses can significantly affect parenting abilities. Examples include:

• Difficulty providing consistent care or supervision.
• Emotional instability that puts the child at risk.
• Behaviors stemming from mental illness that threaten the child’s safety.

The court looks at whether a parent’s condition is managed and if they can offer a stable home environment.

Inability to Provide Basic Care

Providing basic care is fundamental to parenting. This includes:

• Ensuring proper nutrition and hygiene.
• Taking the child to necessary medical appointments.
• Offering appropriate supervision to keep the child safe.

When parents consistently fail to meet these needs, the court may consider them unfit, particularly if the neglect is linked to other issues like substance abuse or mental illness.

Criminal Activity

A parent’s criminal history can significantly impact their custody rights. Courts consider:

• Crimes involving violence or child endangerment.
• Drug-related offenses.
• Time spent incarcerated and how it affects the parent’s ability to maintain a relationship with the child.

Criminal activity raises concerns about safety and stability, which are critical factors in custody decisions.

Abandonment and Lack of Involvement

Parents who abandon their children or show little to no involvement in their lives may be deemed unfit. This includes:

• Leaving a child without arranging proper care or support.
• Failing to maintain regular contact or provide financial support over an extended period.

Courts prioritize active and consistent parenting when deciding custody arrangements.

The Child Custody Evaluation Process

When a parent’s fitness is in question, the court may initiate a thorough custody evaluation. This process involves multiple steps to ensure all evidence is carefully reviewed:

• Interviews: Parents, children, and sometimes extended family members are interviewed to gather perspectives.
• Home visits: Evaluators may visit each parent’s home to assess the living conditions and interactions with the child.
• Psychological evaluations: Mental health professionals may assess the parents’ ability to provide a safe and nurturing environment.
• Witness testimony: Teachers, doctors, and other professionals who interact with the child can offer valuable insights.

The evaluation is designed to paint a comprehensive picture of the child’s circumstances and what arrangement best serves their interests.

Consequences of Being Deemed Unfit

When a parent is found unfit, the court takes steps to protect the child while considering options for improvement and potential reunification. Possible outcomes include:

• Supervised visitation: The parent can only see the child under the supervision of a neutral third party.
• Limited custody rights: The parent may lose physical custody but retain some legal decision-making rights.
• Mandatory programs: Courts may require the parent to attend parenting classes, counseling, or substance abuse treatment.
• Termination of parental rights: In extreme cases, the court may terminate a parent’s rights if reunification isn’t possible or safe.

It’s important to note that unfit parents have opportunities to address the issues that led to this determination. With the right support and effort, they may regain custody rights over time.

Facing a Child Custody Dispute in California? Holstrom, Block & Parke Can Help.

Child custody cases can be overwhelming, especially when parental fitness is questioned. At Holstrom, Block & Parke, we’re here to help you protect your child’s well-being and secure the best possible outcome for your family.

Our team understands the complexities of California family law and is committed to advocating for your rights. If you’re facing a custody dispute or have questions about parental fitness, call us today at 855-426-9111 or complete our online contact form to schedule a telephonic case assessment. Let’s work together to find the right solution for your family.

Child custody hearings can be very overwhelming. They’re never just about presenting your case—at their core, they’re about protecting your child’s future and your relationship with them. At Holstrom, Block & Parke, we know exactly how high the stakes are. 

With over 300 years of combined experience in family law, our team, which includes Certified Family Law Specialists, is here to guide you step by step through the entire process. This guide will help you prepare effectively for your custody hearing and increase your chances of a positive outcome.

Understand California Custody Laws

As you begin preparing for your custody hearing, it’s absolutely critical to clearly understand how custody decisions are made in California. Here’s everything you need to know:

Types of Custody

California recognizes two primary types of custody:

• Legal Custody: This determines who makes major decisions about the child’s health, education, and welfare.
• Physical Custody: This defines where the child lives and which parent handles daily care.

Custody can be joint (shared by both parents) or sole (awarded to one parent). The court’s goal is always to do what’s best for the child.

Best Interests of the Child

The court evaluates several factors to decide what’s in the child’s best interests, such as:

• The child’s age and health.
• Emotional ties between the child and each parent.
• Each parent’s ability to provide a stable home.
• Any history of domestic violence or substance abuse.

California-Specific Laws

California law typically encourages joint custody, believing that children typically benefit from maintaining strong relationships with both parents. However, the court will prioritize safety and stability if there are concerns about one parent’s behavior.

Get More Information

For more detailed information, visit the California Courts’ website or explore the resources available on the Holstrom, Block & Parke website.

Gather Essential Documentation

Having all the right documentation that’s properly completed and coherently organized, can make or break your case. Here’s how to ensure you’re well-prepared:

Expand the List

Bring documents that demonstrate your involvement in your child’s life, such as:

• Birth certificates and medical records.
• School records, including report cards and teacher communications.
• Financial statements to show your ability to support the child.
• Communication logs (emails or texts) with the other parent.
• Photos or videos of significant moments with your child.

Organize and Present

Create a clear system for organizing your documents that’s easy to follow and digest. Use labeled folders or a binder to make it easy to reference specific items during the hearing.

Explain the “Why”

Each document should support your larger case. For example:

• Medical records may demonstrate your attentiveness to the child’s health.
• Communication logs can show your willingness to co-parent.
• Teacher communications can show your level of involvement in the child’s education.

Develop a Parenting Plan

A comprehensive parenting plan shows the court that you’re more focused on your child’s well-being than simply winning over your ex-spouse. Here’s what to include:

Detailed Explanation

A parenting plan outlines how you and the other parent will share responsibilities. It’s a roadmap for cooperation that tries to actively minimize potential conflicts.

Key Elements

Your parenting plan should cover:

• Time-sharing schedules: Include regular days, holidays, and vacations.
• Decision-making authority: Specify who handles decisions about education, healthcare, and extracurricular activities.
• Communication protocols: Detail how you’ll stay in touch with the other parent.
• Relocation provisions: Address what happens if one parent needs to move.

Prepare Your Testimony

Your testimony is your major chance to show the court why your custody arrangement benefits your child. Here’s how to prepare:

Practice and Refine

Work with your attorney to practice answering likely questions. Consider asking a trusted friend to listen and provide feedback.

Focus on Positives

Emphasize your ability to provide a loving, stable home. Highlight your involvement in your child’s education, healthcare, and daily routines.

Stay Calm

Remain composed and respectful, even if emotions run high. Avoid interrupting or reacting to statements from the other party.

Address Concerns

Be prepared to explain any potential weaknesses in your case, such as a demanding work schedule. Show the court how you’ve addressed these issues.

Consider Alternative Dispute Resolution (ADR)

Before going to court, explore options like mediation or collaborative law to resolve custody issues amicably.

Available ADR Options

You have alternative options, like mediation and collaborative law. Mediation involves working with a neutral third party to reach an agreement. Collaborative law brings both parents and their attorneys together to negotiate.

Benefits of ADR

ADR can save time and money, reduce stress, and give you more control over the outcome.

Holstrom, Block & Parke Services

Our firm offers mediation services to help parents find solutions without the need for a contentious court battle.

Work with an Experienced Attorney

Legal representation is essential for getting through custody cases effectively. Experienced attorneys provide careful guidance every step of the way, and can help you improve your outcome in a range of ways.

Essential Guidance

An attorney provides clarity, support, and strategy during what is often an emotional process.

How a Lawyer Can Help

Your attorney can:

• Negotiate with the other party.
• Protect your parental rights.
• Organize evidence and build a compelling case.
• Represent you confidently in court.

Holstrom, Block & Parke’s Expertise

With decades of experience in custody cases, our team’s results speak for themselves. We’ve seen every type of case, and we bring this wealth of experience to your unique situation, helping you cover every angle thoughtfully and comprehensively.

Courtroom Etiquette

A professional demeanor often influences how the judge perceives your case. Here are some tips:

Professional Appearance

Dress in business casual attire. Your appearance should convey respect for the court.

Respectful Demeanor

Stay attentive and polite throughout the proceedings. Address the judge as "Your Honor" and speak only when prompted.

Courtroom Procedures

Understand the basics, such as:

• Stand when addressing the judge.
• Answer questions clearly and directly.
• Avoid interrupting the other party or their attorney.

Need Help with Your Child Custody Case? Contact Holstrom, Block & Parke Today!

Child custody cases are challenging, but you don’t have to face them alone. Our team is dedicated to protecting your rights and securing the best possible outcome for your family. Call us at 855-426-9111 or complete our online contact form to schedule a telephonic case assessment. Let’s work together to safeguard your child’s future.

Child custody battles can be one of the most emotional and high-stakes parts of family law. For many parents, ensuring their child’s safety during such disputes is the top priority.

In California, a landmark legal development has shifted how the courts approach custody cases involving abuse and domestic violence. Known as Piqui’s Law, this legislation is a direct response to a tragic case that shocked the state and emphasized the critical need for reform.

The Heartbreaking Story Behind Piqui’s Law

Piqui’s Law was named after Aramazd "Piqui" Andressian Jr., a bright and joyful 5-year-old whose life was cut short in 2017. Piqui was murdered by his father, Aramazd Andressian Sr., during a custody dispute.

Despite warnings and red flags raised by his mother about the father’s erratic behavior and abusive tendencies, the courts allowed unsupervised visits. Tragically, this decision had devastating consequences.

The tragedy of Piqui’s case highlighted flaws in how family courts handle allegations of abuse. It underscored the urgent need for measures that prioritize child safety above all else. That’s where Piqui’s Law comes in, designed to prevent similar tragedies by addressing key gaps in the legal system.

What Is Piqui’s Law?

At its core, Piqui’s Law aims to protect children from being placed in dangerous situations during custody disputes. Here’s what the law does:

Mandatory Training for Judges

Under Piqui’s Law, California judges overseeing custody cases must undergo specialized training focused on domestic violence and child abuse. This training equips judges with the knowledge needed to recognize signs of abuse, assess risk factors, and make decisions that prioritize the child’s well-being.

Prohibition of Traumatic Reunification

The law bans court-ordered "family reunification treatments" when abuse is suspected. This includes forcing children to participate in reunification camps or programs, particularly those involving overnight stays or sudden custody transfers. Such practices have often been criticized for re-traumatizing children and prioritizing parental rights over safety.

By implementing these provisions, Piqui’s Law creates safeguards to ensure the courts consider the risks posed by an abusive parent before making custody decisions.

How Piqui’s Law Impacts Custody Cases

If you’re going through a custody case in California, understanding how Piqui’s Law works can be critical. Here’s how it might come into play:

Evidence Matters More Than Ever

Under this law, courts must carefully examine evidence of abuse, which can include:

• Police reports or protective orders.
• Testimonies from teachers, therapists, or other witnesses.
• Medical records documenting injuries or trauma.

Even a history of domestic violence, even if it didn’t directly involve the child, is given serious weight in custody decisions.

Consequences for Abusers

Parents found to have a history of abuse or violence can face significant restrictions, including:

• Loss of custody rights.
• Supervised visitation only.
• Mandatory participation in counseling or intervention programs.

The goal is to create a framework where children are protected from being placed in potentially harmful situations, regardless of parental rights.

Real-Life Application

Imagine a scenario where one parent has a documented history of domestic violence, but there’s no direct evidence of harm to the child.

Under Piqui’s Law, the court must still consider the potential risk the abusive parent poses, rather than assuming they’re fit for unsupervised custody. This represents a shift toward a child-first approach in family law.

Protecting Your Child During Custody Disputes

If you’re involved in a custody case where abuse is a concern, here are a few steps you can take to protect your child:

1. Document Everything: Keep records of any incidents of abuse, including dates, photos, medical reports, and police involvement.
2. Work with a Knowledgeable Attorney: Family law attorneys familiar with Piqui’s Law can help present your case effectively and ensure your child’s safety is prioritized.
3. Know Your Rights: Understanding the protections offered under Piqui’s Law can empower you to advocate for your child during custody proceedings.

The Journey to Piqui’s Law

Piqui’s Law wouldn’t exist without the efforts of dedicated advocates and lawmakers. Senator Susan Rubio spearheaded the legislation, which passed with unanimous support.

This law stands as a powerful example of how communities can come together to enact meaningful change. Its impact is already being felt, as courts across California adjust their practices to put child safety at the forefront.

Facing a Custody Battle in California? We Can Help.

Custody disputes can be overwhelming, but you don’t have to face them alone. At Holstrom, Block & Parke, we’re committed to protecting your family and fighting for your child’s safety. Our team understands the stakes and works closely with parents to navigate challenging situations like those addressed by Piqui’s Law.

If you’re concerned about your child’s well-being or have questions about your rights under California custody laws, call us today at 855-426-9111 or reach out via our online contact form. Let’s work together to secure the best possible outcome for you and your family.

In family law, urgent situations often require quick decisions, especially when it involves the safety and well-being of a child. If you’re ever in ascenario where immediate action is needed, you might come across the term “ex parte custody order.”

But what exactly does that mean? Since California supports emergency custody matters, parents who reside in the state should be fully aware of how it works and when it's available.

Knowing the stipulations surrounding this concept could be crucial for protecting your child's best interests.

What Is an Ex Parte Custody Order?

An ex parte custody order is more commonly referred to as an emergency custody order. Simply put, it's a special type of court order that can be granted quickly without waiting for a full hearing.

It's usually for emergency situations, like when a child might be in danger or face an imminent threat. This order can change who has custody of a child, at least temporarily. Also, the court does not have to give prior notice to the other parent.

These orders are designed to provide short-term solutions until a full hearing can be held, where both parents have the opportunity to present their side.

Ex parte orders are granted when there’s a clear need to act swiftly. The court recognizes that some situations are too urgent to wait for the standard legal process to play out.

But that also means the bar for obtaining one is high—you must show that waiting for a regular hearing could result in harm to the child.

Common Provisions in Ex Parte Custody Orders

Ex parte custody orders are not just about giving one parent temporary custody. They often include additional protections, depending on the circumstances surrounding the case. Here are a few common provisions that can be included in such an order:

Temporary Custody

The most important part of an ex parte order is usually the fact that one parent is gaining temporary custody.

This can involve either legal custody (the right to make important decisions about the child), physical custody (where the child will live), or sometimes both. The goal is to ensure that the child is in a safe environment while the court investigates the situation more thoroughly.

Restraining Orders

In cases where the child or requesting parent may be in danger, the ex parte custody order could include a restraining order. This restraining order can prevent the other parent from contacting or coming near the child or the requesting parent.

In some situations, it might also restrict them from taking the child out of state or interfering with the current custody arrangement.

Other Provisions

Depending on the nature of the emergency, the ex parte order could include additional provisions. For example, if there are concerns about financial support, the court might include temporary child support orders.

If the parent receiving the temporary custody intends to relocate, the order may address restrictions on moving with the child until a full hearing is held.

When Are Ex Parte Custody Orders Granted?

Courts don’t grant ex parte custody orders lightly. They are only issued in specific, serious situations where delaying action would expose the child to immediate harm or danger. Here are some examples of situations that might lead to an ex parte custody order:

Immediate Harm or Risk to the Child

The court will evaluate whether the circumstances meet the requirements for an ex parte order. This could be due to:

• Domestic violence: If one parent is being physically abusive or engaging in threatening behavior, the court may issue an ex parte order to protect the child and the other parent.
• Child abduction: If there is a credible risk that the other parent might attempt to abduct the child or take them out of state without permission.
• Substance abuse: If one parent is struggling with drug or alcohol abuse, and it’s believed to affect the child's safety, the court may intervene with an ex parte order.
• Other serious threats: The court may also grant an ex parte order in cases involving severe neglect, emotional abuse, or other direct risks to the child’s well-being.

In any case, the parent requesting the ex parte order must provide convincing evidence that the child is in danger or that there’s an urgent need for protection.

The Process for Requesting an Ex Parte Custody Order

Filing for an ex parte custody order follows a specific process, and time is often of the essence. If you believe your child is in immediate danger, it’s critical to act quickly and understand the steps involved.

Filing the Request

To obtain a temporary custody order, you’ll need to file a formal request with the court, explaining the emergency and why immediate action is necessary.

This request is typically submitted along with a declaration detailing the events or behavior that pose a risk to the child. Any supporting evidence—like police reports, medical records, or witness statements—should be included to strengthen your case.

Hearing

One key point to remember is that the other parent does not need to be notified before the ex parte hearing. This is what makes these orders “ex parte,” meaning only one party (the requesting parent) is present during the initial hearing. The court reviews the evidence, and if it finds that an emergency exists, it will issue a temporary custody order.

However, this isn’t the end of the process. A full hearing is scheduled shortly after, where both parents will be able to present their case. The temporary ex parte order will remain in effect until that hearing, where the court can decide whether to make any of the provisions permanent or modify them based on new information.

Seeking Legal Guidance

If you're involved in an emergency custody situation, whether you’re requesting an ex parte order or responding to one, it’s critical to have legal guidance. These situations can move quickly, and having an attorney by your side can help ensure you’re taking the right steps to protect your child and your parental rights.

An experienced family law attorney will help you file the necessary paperwork and guide you through the evidence needed to make a compelling case. They can also represent you at both the ex parte hearing and the follow-up hearing, helping you navigate what can be a stressful process.

Let Holstrom, Block & Parke, APLC Protect You

If you're facing an emergency custody situation and need help with an ex parte custody order, Holstrom, Block & Parke, APLC is here for you. With over 300 years of combined experience in family law and child custody matters our attorneys are ready to provide the representation you need during these challenging times.

We understand how emotionally charged and complex custody issues can be, especially when the safety of your child is involved. Don’t hesitate to reach out to us for compassionate and effective legal guidance.

Contact us today at (855)-426-9111 to schedule a consultation, and let us help you get through this difficult situation with confidence.

The word “custody” can send shivers down the spine of a parent contemplating divorce or separation in California. The thought of missing out on life with your child can be so devastating that it can be hard to think straight. Emotions override logic.

Unfortunately, custody issues require you to think clearly and rationally to develop the solution that is best for your child. Working with an experienced and compassionate attorney during this time can enable you to gain a thorough understanding of your rights and obligations and help you develop the arrangements that are right for your family.

As part of the process, you need to educate yourself on California custody law. Even if you will be negotiating arrangements out of court, it is important to understand how a judge would rule if the decision were to be turned over to the court. To understand child custody laws in California, it is vital to comprehend the way the state defines primary and joint custody.

Custody Refers to Both Legal and Physical Custody

One issue that complicates custody decisions is that the term custody actually refers to two different issues in California. Both physical and legal custody will be allocated between parents.

Physical custody is what most people think of when they consider custody. It involves where a child lives and spends time with. As the name implies, physical custody is associated with having your child’s physical presence with you.

Legal custody is different. It involves having authority to make decisions that affect a child’s upbringing such as:

• Where they will go to school
• What activities or sports the child will be allowed to participate in
• The religious training a child receives
• Medical decisions such as the choice of primary care physician and the types of treatments and preventative measures a child will receive

Determinations about whether a parent will have primary or joint custody need to be made both with respect to legal custody and physical custody. It will be important to work with your attorney to produce your strongest arguments to show why it is in your child’s best interests to adopt your goals for both types of custody.

The Definitions of “Primary” and “Joint” are not Rigid

Primary custody is often referred to as sole custody, and that can be misleading. As a general rule, primary custody is allocated primarily to one parent, but the other parent often retains some rights. Joint custody, by contrast, refers to a situation where both parents share custody. However, that share may not be a 50/50 split.

Primary and joint custody can almost be viewed as a sliding scale where, at some point, one parent has so much of the decision-making authority or time with the child that their share of custody is considered primary rather than joint. For example, many people consider an arrangement for physical custody to be joint or shared custody as long as each parent has at least 35% of the parenting time with the child. So in a schedule where a child stays with one parent 65% of the time and the other parent 35% of the time, the parents could be said to have joint physical custody. However, if the child spends only 30% of the time with the second parent, then the parent with 70% of the time with the child is usually said to have primary physical custody even though the difference between the two situations is not that great.

Sections 3006 and 3007 of the California Family Code do establish definitions for “sole legal custody” and “sole physical custody.” A parent with sole legal custody is responsible for making decisions regarding a child’s “health, education, and welfare,” while when a parent has sole physical custody, the child resides with and is supervised by that parent, and the other parent may be granted visitation rights.

California Encourages Both Parents to Be Involved in a Child’s Life

While courts can exclude one parent and give all the rights and responsibilities to the other parent, they need to have good reasons for doing so. In Section 3020(b) of the California Family Code, lawmakers state their intention to “ensure that children have frequent and continuing contact with both parents.”

This means that joint custody is often the goal. Even where it is clear that a parent’s work schedule or physical living situation makes it impractical for them to share physical custody, a court will often award joint legal custody to both parents. The bottom line is that whether custody is awarded jointly or primarily to one parent, the court will often allow the other parent as much opportunity as possible to be involved in a child’s life unless the other parent presents evidence to show why this would be detrimental to the child’s best interests.

Holstrom, Block & Parke, APLC Can Help You Achieve Your Goals for Custody

Understanding your rights is the first step toward obtaining the custody arrangements you want in divorce, separation, or another legal custody battle. With over 300 years of combined experience protecting parental rights, the team at Holstrom, Block & Parke, APLC is ready to help you work to achieve your objectives for physical and legal custody. Contact us today for a confidential consultation to learn more about the ways we can help.

Child custody can be one of the most emotionally charged aspects of divorce or separation. It touches on the heart of what it means to be a parent—the ability to guide and care for a child's life.

Parents in California need to understand the difference between joint and sole custody because it directly impacts their relationship with their child and their role in the child's upbringing.

Keep in mind,  the ultimate goal is to serve the child's best interests, something that the courts in California take very seriously.

At Holstrom, Block & Parke, APLC, we have over 300 years of combined experience securing custody arrangements that reflect children's needs and protect clients' parental rights.

What is Legal Custody?

Legal custody refers to the right and responsibility to make major decisions about a child's life. This includes decisions about education, healthcare, religious upbringing, and general welfare.

In California, the courts generally prefer to grant joint legal custody to both parents whenever possible, believing that a child benefits from having both parents involved in these critical decisions.

Joint Legal Custody

In a joint legal custody arrangement, both parents share the decision-making authority regarding their child's welfare.

This means that major decisions, such as which school the child will attend or what kind of medical treatment they will receive, require the agreement of both parents.

Cooperation and communication are key in joint legal custody, as both parents must work together to reach decisions that are in the child's best interest.

Examples of decisions that require mutual consent under joint legal custody include:

• Healthcare and medical treatment: Choosing the child's primary doctor or consenting to surgeries.
• Education and extracurricular activities: Deciding on schools, tutoring, or involvement in special programs.
• Religious upbringing: Determining whether the child will follow a particular religious path or participate in religious ceremonies.

Joint legal custody can be challenging if parents have difficulty agreeing on these issues. Disagreements can lead to delays in important decisions, which is why having a well-drafted parenting plan is essential.

This plan should outline how decisions will be made, the areas of responsibility for each parent, and the consequences of non-compliance.

Sole Legal Custody

Sole legal custody, on the other hand, grants one parent the exclusive authority to make major decisions about the child's life. This arrangement is typically awarded in situations where joint decision-making is impractical or where one parent is deemed unfit due to reasons such as domestic violence, substance abuse, or mental health issues.

In cases of sole legal custody, the parent with custody can make decisions independently without needing to consult the other parent.

This can streamline the decision-making process, but it also means that the other parent has no legal say in these important aspects of the child's life, regardless of their physical custody arrangement.

What is Physical Custody?

Physical custody refers to where the child primarily lives and who is responsible for their day-to-day care. Like legal custody, physical custody can be either joint or sole, depending on what the court deems best for the child.

Joint Physical Custody

In a joint physical custody arrangement, the child spends a significant amount of time living with both parents. The goal of joint physical custody is to ensure that the child maintains a strong relationship with both parents, even though the parents are no longer together.

It's important to note that joint physical custody doesn't necessarily mean a 50/50 split in time. The child might spend slightly more time with one parent than the other, but as long as both parents have a substantial amount of time with the child (typically at least 35% of the time), it is considered joint physical custody under California law.

Joint physical custody allows for a variety of flexible arrangements tailored to fit the needs of the child and the parents.

For example, the child might live with one parent during the week and the other on weekends or alternate weeks between parents.

If parents are unable to agree on a schedule, the court may impose one, although the court's plan may not align with the preferences of either parent.

Sole Physical Custody

Sole physical custody means that the child lives with one parent, who is responsible for the day-to-day care.

The other parent, known as the non-custodial parent, may have visitation rights, which are often outlined in a court-ordered schedule.

In sole physical custody arrangements, the custodial parent has the majority of the physical time with the child.

The percentage of time the child spends with each parent is also a key factor in calculating child support obligations, with the parent who has the child for less time typically required to pay support to the other parent.

Key Differences Between Joint and Sole Custody

To understand the differences between joint and sole custody, it is helpful to compare different aspects of each one.

As illustrated in the table, the type of custody arrangement can significantly impact decision-making, living arrangements, and the level of parental involvement in a child’s life.

Factors Considered by the Court

In California, the child's well-being is the court's primary concern when determining custody arrangements. Several factors are considered, including:

• The Child's Age, Safety, Health, and General Welfare: Younger children may have different needs than older children, and the court will consider which parent is better able to meet these needs.
• The Nature of Contact and Time Spent with Each Parent: The court evaluates how much time each parent has spent with the child and the quality of that contact.
• The Child's Connection to Their Community and School: Stability in the child's environment is vital, and the court will consider how a custody arrangement might affect the child's schooling and social life.
• Each Parent's Ability to Care for the Child: This includes the parent's physical and mental health, their ability to provide a safe and nurturing environment, and their willingness to support the child's relationship with the other parent.
• Whether Either Parent Has an Ongoing Substance Abuse Disorder: The court takes substance abuse seriously and will consider whether it impacts the parent's ability to care for the child.
• Whether Either Parent Has a History of Abuse: Any history of abuse against the child, the co-parent, or anyone in the co-parent's household is a critical factor that can sway the court's decision.

The Importance of Legal Counsel

Navigating child custody decisions can be one of the most challenging aspects of a divorce or separation. The outcome of these decisions can have a profound and lasting impact on both the child's well-being and the parent’s lives. That's why it's important to have experienced legal counsel to guide you through the process.

At Holstrom, Block & Parke, APLC, we are committed to helping you secure the best possible custody arrangement for your child.

Our team of Certified Family Law Specialists and associates understands the intricacies of California's custody laws. We can advocate for your rights while ensuring that your child's best interests are always at the forefront.

If you're facing a child custody issue in California, don't hesitate to reach out. Call us today at (855) 939-9111 or contact us online at https://hbplaw.com/contact/ to schedule a consultation.

Custody agreements are powerful yet fragile. The terms of custody arrangements and parenting plans are supposed to control interactions between parents and their child, as well as between parents themselves. In that sense, they are quite powerful. But they are fragile because they are only a theoretical arrangement. Though backed by the force of law, the agreement on its own does not have the power to force a parent to abide by the terms. Instead, when a parent fails to do what they’re supposed to do under a custody agreement, the other parent needs to take action to enforce the terms.

If you’re in a situation where the other parent is not living up to obligations or otherwise behaving badly, it is a good idea to consult a knowledgeable family law attorney, because the best steps to take will depend on a lot of factors unique to your situation. Here are some options to consider.

Keep Records

Regardless of the type of violation or how many times it has happened, start keeping records. Take note of what happened and when (and how it compares with what was supposed to happen.) If there are records to support your notes, such as an exchange of text message or emails, keep those with your log of violations. If there are witnesses to a violation, note them. (Of course, your children will be witnesses, but you don’t ever want to put them in the position of having to testify to the other parent’s failures, so don’t list them as witnesses.)

When you see a list of the problems written out, it can help you assess how serious the situation is as you decide what to do next. Your records may also serve as evidence.

Have Your Attorney Contact the Other Parent

If the violations of the custody agreement are not putting your children at risk, you might want to start by having your attorney contact the other parent. This lets the other parent know that you understand your legal rights and are prepared to take action if necessary, but it lets them change their ways without formally getting into trouble. It serves as a warning.

It also gives your attorney the chance to find out what’s going on. The other parent may be willing to talk to your attorney about a problem that they’re not willing to admit to you. If your attorney suggests modifying the custody agreement to accommodate the problem, the other parent may be more willing to accept the suggestion from the attorney than from you.

Brining in Law Enforcement

In some situations, it might make sense to contact the local police with a copy of the order and ask for assistance with enforcement. If you suspect the other parent is trying to abduct your child, contact the child abduction unit of the county district attorney’s office for assistance.

Filing for Contempt of Court

Because the custody agreement is part of a court order, you can ask your attorney to file an Order to Show Cause and Affidavit for Contempt with the court. The documents describe the order that was violated with details about the violations. This starts the process of a contempt proceeding. The other parent must be served with a copy of the documents, and they have a chance to file an answer. Then a formal hearing is held with evidence presented to show why the other parent should or should not be held in contempt of court for violating the order.

This is a criminal charge and a serious matter. You should discuss the issue with your attorney before proceeding. The other parent could face jail time and other penalties.

Changing the Custody Agreement

A custody agreement backed by a court order cannot be legally changed by an agreement between the parties. Even if you work out a plan to adjust the terms of your custody arrangement and both of you agree to the changes, you still need approval from the court before you start operating according to a different plan. If you alter plans before obtaining a new order from the court, you could be held liable for violating the order. A court order can only be changed by another court order, so to change your custody agreement, you need to ask the court for an amended order.

Get the Advice and Assistance You Need with Enforcement of Custody Agreements

When a parent fails to follow custody arrangements ordered by the court, it has a negative impact on your children and your life as a whole. You have options for addressing the problem, but determining the right options will require an evaluation of all the details.

With over 300 years of collective experience, the team at Holstrom, Block & Parke, APLC knows how to enforce and seek changes in custody agreements to protect your parental rights and your children’s well-being. For a confidential consultation to learn more about your options, contact our team today.

A courtroom is one of the most difficult places to establish terms for parenting a child. When custody decisions must be made in court, it will be impossible for the judge to take into account all the nuances of the child’s relationship with each parent or understand scheduling details that can make all the difference for busy families. The plans for decision-making and living arrangements will be impersonal because there simply is not time for judges to sit down and learn every facet of your family dynamics.

Decisions made in the courtroom are not only less tailored than plans developed through negotiation or mediation, but the process of reaching the decisions is often much more lengthy, contentious, and expensive. Despite all the incentives for parents to work with their attorneys to establish custody plans out of court, many custody disagreements between parents continue until resolved through a full trial. Why is that? And what can you do to avoid this less-than-ideal outcome? With over 300 years of combined experience handling custody and other hotly-contested family law issues, the team at Holstrom, Block & Parke, APLC, presents some factors to consider.

Emotions Run High

When parents separate, they are often terrified at the prospect of being pushed out of their children’s lives and missing the opportunities to connect with them as they grow. Any time apart can suddenly seem like too much. And in their emotional anguish, parents often tend to put their own emotional needs ahead of those of their children. Human nature is hard to overcome, and human beings have a natural instinct favoring self-preservation.

For this reason, parents often want to dig in and fight for every possible moment of parenting time they can get from a custody schedule—even if their work schedule would make it impossible for them to actually spend all that parenting time with the child. They fight because they can’t stand the thought of losing.

Inflammatory Legal Tactics

Another reason custody cases often end up in court is that many times when parents say they want to fight for custody, their attorneys are only too ready to lead the attack. Attorneys can get swept up in the drama, attack the other parent’s choices and actions to make their client look good by comparison, and trigger emotional reactions that rebound destructively back and forth, generating legal fees but not resolving any outstanding issues. Many attorneys have yet to learn that advocacy does not require animosity, and that these inflammatory tactics are counter-productive. Moreover, these emotionally reactive actions destroy family relationships that the child will need as life moves forward.

It is possible to achieve custody objectives through strategic use of discovery and negotiation, achieving parenting time in a practical schedule that is custom tailored for the lives of both parents as well as the child. But you need to take a reasoned approach rather than an irrationally emotional one to succeed outside of court, and many attorneys lack the discipline to stay focused on their clients’ goals.

For Some Parents, Custody is About Money

Custody issues not only trigger emotional responses but they also hit another sensitive issue: money. The more parenting time allocated to a parent, the less their child support obligations will be. This situation also causes some parents to refuse to negotiate when it comes to custody. They view the fight as a battle for their financial security.

One Parent May Be Abusive or Narcissistic

Sometimes parents want the judge to make all the decisions in court because they do not even want to attempt to negotiate with the other parent. If one parent tends to be a bully or has a history of abusive behavior, it is only natural to want to avoid contact. However, attorneys can often negotiate resolutions without the need for parents to interact directly.

One parent may be convinced that the other poses a danger to the child, and they don’t want that parent to have any custody or unsupervised visitation. Since it’s unlikely that the other parent will voluntarily accept this, taking the matter to court may be the eventual outcome. However, when faced with overwhelming evidence of past wrongdoing, parents are sometimes reasonable, and may agree to accept an arrangement with supervised visitation to avoid the risk that a judge might deny visitation entirely. The bottom line is that if you want to avoid the conflict, drama, expense and delays of a trial, it is worth at least attempting to negotiate with the assistance of an effective family law attorney.

Holstrom, Block & Parke, APLC Advocates Effectively for Custody Goals In and Out of Court

Knowing why so many custody cases end up in court can help you avoid the anxiety and uncertainty of taking custody decisions to the judge for decision. If you can negotiate even part of a parenting plan, that can help secure the right arrangements for the future and help reduce some of the negative aspects of a trial situation.

The team at Holstrom, Block & Parke understands how to achieve goals for clients through all types of methods, from mediation and negotiation through court trials and appeals. For a confidential consultation to learn how we could assist with a custody matter, schedule an appointment today.

When you love your children, the thought of losing custody of them can be the most frightening thing you can imagine. There are stories about courts in California taking away custody for a wide variety of reasons, so if you are currently without a home or you are in danger of losing your home, it is quite natural to wonder whether that will mean losing custody as well.

There is no simple answer, because decisions about a child’s custody are based on the child’s best interests at the time, and many factors go into assessing what a child’s best interests are. In this post, we will look at how a parent’s housing situation can impact custody.

What is the Parental Situation?

The law presumes that it is in a child’s best interests to spend meaningful time with both parents, so one of the first questions to consider with regard to custody is whether the child has two legal parents who are capable of providing physical and/or legal custody. If a person acting as a parent has not established legal parentage in some way, they have no right to legal custody.

If there is another legal parent but that parent has a history of domestic violence, drug use, or alcohol abuse, or that parent is in jail, then the parent with housing issues will not face a solid custody challenge from the other parent. However another family member or Child Protective Services could request a change in custody based on the housing issues.

What is the Reason for the Lack of a Home?

In many cases, it is not so much the lack of stability in a housing situation but the reason behind the housing problem that would provide grounds for a mother or father to lose custody. If a parent got into debt and lost their home because of a medical bill or business venture and they are taking steps to rebuild their lives, that parent would be less likely to lose custody than a parent who lacks housing because of a long-term problem that could place a child’s safety and wellbeing at risk, such as drug addiction or mental illness.

Is the Child in a Safe and Stable Living Situation?

If a mother or father does not have their own house or apartment but they have a place where they can live with the child in safety and comfort, then the fact that the parent’s name is not on a lease or deed should not be held against them for a custody determination. If the living arrangement provides a child with a clean environment, their own bed, adequate food, and the ability to continue attending the same school and have access to family and friends, then the lack of an official home might not serve as a reason to deprive that parent of custody. However, if the parent is constantly moving from one place to another, living out of a vehicle, or staying with the child in an environment where the child could be at risk of abuse, neglect, or other harm, then it is more likely that the living situation would provide grounds for that parent to lose custody.

If a Loved One is at Risk, Talk to an Attorney

Children deserve a safe home with people who love and care for them. When their parents are capable of providing that care, it makes sense to ensure that they have the opportunity to do so. If a child is at risk because of a dangerous living situation or at risk of wrongfully being removed from a parent, it is a good idea to talk to an attorney to find out how to protect the child’s best interests. 

If one parent is financially successful and has a large home, that parent should not be allowed to deprive the other parent of custody just because their financial situation does not provide as many material advantages. However, when a parent’s housing difficulties puts a child at risk of physical, emotional, or mental harm, then it is time to take action to protect the child, and a change of custody may be required to accomplish that.

Holstrom, Block & Parke, APLC Fights for the Right Custody Determinations

Whether a parent or grandparent is seeking to gain custody during a divorce or trying to modify custody arrangements years later, the dedicated team at Holstrom, Block & Parke, APLC is prepared to fight for the outcome that supports the child’s best interests. We have over 300+ years of collective experience, and we are ready to put our knowledge to work for you. To discuss how we could assist, just schedule a consultation.

Judges work hard to ensure that custody determinations they create or approve truly serve a child’s best interests. For that reason, you usually need to show that circumstances have altered in some way if you want the court to change an existing custody arrangement in California. In some cases, however, an amendment in custody can be justified even if there is not a change in circumstances when you can demonstrate that a custody arrangement was based on incorrect assumptions or that it simply is not serving a child’s best needs.

It is important to remember that focus on custody decisions is on what is best for the child, but a skilled attorney can often show how a parent’s goals align with the child’s needs. Judges can amend custody in California for a variety of reasons, but here are some of the most common.

The Child’s Needs Have Changed

A custody arrangement that met the child’s needs at one point in time may be much less effective at meeting those needs as the child matures. If a child has special educational needs, for instance, one parent might have time or training to help address those needs, or one parent might live near a school with a special program that can keep the child’s educational progress on track.

Changes in the needs of the child might involve medical issues that one parent is better equipped to cope with. Or if the existing custody plan puts the child with one parent the majority of the time, the child may need a plan that allows more time with the other parent. Every child has unique needs, and people’s needs tend to change over time, so it is not surprising that changes in a child’s needs could necessitate an alteration in custody plans.

A Parent’s Ability to Provide Care Has Changed

Different work schedules and changes in job responsibilities can cut into the time one parent may have available to provide care, so this is frequently a reason judges approve a change in custody. A parent’s ability to serve as a responsible caregiver may also have been negatively impacted in some way. Sadly, mental illness or substance abuse could render a parent unable to provide appropriate care and supervision. When there is evidence that a parent has abused or neglected a child, custody can be changed very quickly, at least on a temporary basis.

One Parent Wants to Relocate

When a parent wants to move to another state or a different region of California, that impacts the child’s life substantially. It can become nearly impossible to continue with an existing custody arrangement. The court cannot prevent a parent from relocating, but a judge can stop the parent from moving the child out of an environment that they are comfortable with if the judge finds that the child’s best interests would be best served by keeping the child in that environment in the sole custody of the other parent.

Relocation is one of the most common reasons courts are asked to change custody.

Parental Alienation

If a parent is trying to damage or destroy a child’s relationship with the other parent, this is known as parental alienation. When there is evidence that a parent is engaging in these tactics, courts can change custody arrangements to preserve the child’s relationship with the other parent. Sometimes, allegations of alienation turn out to be unfounded, and efforts taken to remedy the problem have been out of proportion and potentially harmful to the child. Parental alienation remains a controversial issue.

Both Parents Ask the Court for Changes

Quite often, parents develop a new plan for custody that they believe best serves their needs. It is necessary to receive court approval before changing custody arrangements, so it is a good idea to have an attorney review the plan to ensure that it meets legal requirements and is likely to meet with approval. If parents want to make changes but they are having difficulty negotiating arrangements on their own, an attorney can serve as a mediator or each parent could engage an attorney to negotiate on their behalf.

Holstrom, Block & Parke, APLC Can Help You Develop the Right Custody Arrangements

Whether you are establishing custody plans for the first time or want to modify plans that have been in place for a while, guidance and assistance from an experienced attorney can make the process smoother and enable you to achieve the results that work best for your child and for you. At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates know a variety of strategies to help you meet your goals for custody. Contact our team today to learn more about the ways we can help.