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.  

Dads facing divorce or those who have never been married are often uncertain about their custody and visitation rights, and there is a lot of misinformation out there to contend with. The best way to protect your parental rights in a difficult situation is to work with an attorney who is experienced in helping fathers obtain and maintain custody. Your attorney can advise you about steps to take—and what to avoid—to give yourself the best opportunity to obtain the custody and visitation arrangements you want.

Courts make decisions based on the individual facts of each case, so the “rules” for custody are not cut and dried. However, with over 300 years of collective experience handling custody cases and related issues, the team at Holstrom, Block & Parke, APLC has observed ten truths about custody and visitation that often take dads in California by surprise.

1. The Child’s Best Interests are the Key Issue

Parents often focus on gaining a fair and reasonable amount of time to spend with their children. While this self-centered approach is natural, it won’t help you gain the custody or visitation plan that you want because legally speaking, your desires are irrelevant. What matters is the best interests of your child. When your attorney can demonstrate how your goals serve your child’s best interests, you are in a much better position to achieve those goals.

2. Legal and Physical Custody are Decided Separately

Legal and physical custody are different issues and plans for these types of custody are settled independently. Legal custody involves authority to make decisions about a child’s education, medical care, and other aspects of upbringing. By contrast, physical custody determines where the child lives. It is quite common for parents to share legal custody even if only one parent holds physical custody.

3. Gender is Irrelevant but Parenting Roles Matter

Courts do not favor either mothers or fathers in custody decisions. However, courts will look at how each parent interacts with the child, and the degree to which they engage in parenting duties such as getting  a child ready for school or putting them to bed. To avoid disrupting the child’s life too much, the court may be inclined to favor a parent that spends significantly more time in caretaking duties.

4. Joint Physical Custody Can Involve Unequal Amounts of Time

Parents can share physical custody of a child without necessarily dividing parenting time in an even 50/50 split. The law requires parents who share physical custody to each spend a “significant” period of time with the child.

5. Parents Can Create Their Own Plans for Custody

Parents do not have to rely on a judge to come up with a plan for parenting time but can create their own plan to submit for approval. In fact, parents are encouraged to develop their own plans and if they are reasonable and protect the child’s best interests, the court is likely to approve.

6. Bad Behavior Can Be Used Against You

If you have a history of threatening violent behavior, ignoring schedules, interfering with the other parent’s relationship with the child, alcohol abuse, or any conduct that could harm your child’s health or wellbeing, those factors will make it harder for you to gain custody. Even the visitation time that you are granted may be subject to supervision.

7. Custody Impacts Child Support Obligations

Your schedule for custody and visitation will be calculated into a custodial timeshare to be used to help calculate child support obligations. The more time you spend with your child, the less you are expected to pay or the more you could be eligible to receive.

8. Biological Relationship is Not Required for Custody

Although biological parents often have an easier time gaining custody, others who have served in a parental role may also have standing to ask the court for custody, including grandparents, stepparents, partners of deceased parents, aunts, uncles, and others. So if a child’s mother has passed away, the father should not assume that he will automatically receive custody.

9. A Parent with Custody Needs Permission to Move the Child More Than 50 Miles Away

Even when one parent has sole physical and legal custody, they cannot move a child more than 50 miles away without obtaining approval from the court or from the other parent. Relocation of a custodial parent often provides grounds for courts to switch custody.

10. Final Custody is Never Really Final

Custody determinations are supposed to meet a child’s best needs, and arrangements that meet those needs may change over time. When there has been a significant change in circumstances, a parent may ask the court to modify custody and visitation orders.

Holstrom, Block & Parke, APLC Can Help You Gain the Right Custody and Visitation Arrangements

While custody orders can be modified, you must show that something has changed to justify the modification. That means it is important to invest the time and effort into obtaining the right custody arrangements at the very beginning, and advocacy and guidance from an experienced attorney can make that happen. Contact the Certified Family Law Specialists at Holstrom, Block & Park, APLC today to learn how we can help you reach your custody goals.

When parents live apart, the issues surrounding custody of their children often become very stressful and contentious. It is only natural to want to maintain the connection with your children and to be as much a part of their lives as possible.

With regard to custody in California, parents need to consider both physical and legal custody. Physical custody is what most people think of when they hear the word “custody.” It involves the child’s living arrangements and visitation schedule, often referred to as parenting time.

Legal custody is quite different, but just as important. In this post, we’ll explore what it means to have legal custody in California and how parents can protect their right to legal custody.

Legal Custody Gives You Authority Over Important Decisions in Your Child’s Life

Parents make numerous decisions that affect the course of their children’s lives, often without even realizing it. They decide where their child will go to school, at what age they should receive particular vaccinations, whether their child will attend church, and a host of other issues. Having the right, ability, and authority to make these types of decisions is what constitutes legal custody.

Examples of issues that are included with legal custody include deciding:

• Where a child should attend daycare
• Which doctor will be a child’s primary physician
• Whether a child can participate in contact sports such as football
• Which school program a child should be enrolled in
• Whether a child will be allowed to go on a school field trip out of state
• Which dentist will care for the child’s teeth and what age they should have their first check-up
• Whether a child needs therapy or counseling, and who they should see
• How to respond to a disciplinary problem at school
• Whether a child will attend Sunday School or vacation Bible school
• What types of medication a child is allowed to receive

Legal custody can involve so many issues that it can be difficult to reconcile for parents who do not cooperate well.

California Often Grants Joint Legal Custody to Parents

Even when physical custody is granted solely to one parent, California courts often share legal custody between parents. In theory, this gives parents an equal say in the important decisions affecting their child’s upbringing. It allows both parents to play a key role in a child’s life. It also should prevent one parent from making a sudden change that the other does not approve of, such as removing the child from the school they’ve attended for years to switch to an experimental alternative program.

Joint legal custody should give parents an equal role in determining their child’s future. As a practical matter, if one parent is determined to have their way, that can either lead to painful conflict or a situation where the other parent is shut out of decision-making.

In a shared legal custody arrangement, your attorney can take steps to protect your parental rights. For instance, you might establish an agreement that gives one parent authority over particular decisions and the other parent authority over other decisions. Or an agreement might specify that certain major decisions must be mutually agreed on while other decisions can be made by the parent who has physical custody of the child at the time. As an example of how that might work, parents would have to agree regarding which school the child attends, but the parent who has the child at the time could make the decision about whether a child could attend a field trip.

When Legal Custody is Granted to One Parent Only

In some situations, courts will grant one parent sole legal custody, as well as sole physical custody. The other parent may have visitation rights, although the visitation may be supervised.

Often when a parent is granted sole legal custody, it is because the court believes the other parent has done something wrong or that the other parent is incapable of making decisions that are in a child’s best interests. If one parent is abusive or mentally unstable and evidence of this is presented to the court, then the other parent is likely to be given sole legal custody. If you are in a situation where you are attempting to co-parent with someone who you believe poses a danger to the child’s wellbeing, or if you are a parent who has been falsely accused of abuse or other misconduct, it is important to work with an attorney who can protect your parental rights and your child’s best interests.

Holstrom, Block & Parke, APLC Helps Achieve Your Goals for Legal Custody

The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC understand how to help you gain legal custody and how to establish arrangements that enable you to exercise decision-making authority effectively in all types of situations. For help with legal custody or any other family law matter, call 855-426-9111 or contact our team online today to schedule a confidential consultation.

Parents in California are often so worried about “getting” custody that they don’t focus enough on the details regarding parenting time. The details of a custody schedule will play a huge role in the lives of the parents and children going forward, so it is crucial to give careful consideration to the process of developing that schedule. Working with an attorney who is experienced in this process and who is willing to take the time to help you iron out the details can make a tremendous difference in your future as a parent.

With over 300 years of collective experience helping parents obtain the right parenting schedules, the team at Holstrom, Block & Parke has seen a wide range of custody schedules built to fit the specific needs of families in different circumstances. Here we explain some of the basics about establishing a custody schedule and give some examples of custody schedules that you can consider as you work to develop your own plan.

Parenting Plans in California

Generally, parenting plans in California address both legal and physical custody. Legal custody refers to the ability to make decisions about a child’s upbringing, so a custody schedule involves physical custody—where the child lives. Parents can share both types of custody or one parent may be granted sole custody. When one parent has sole physical custody, the court will establish an order regarding visitation for the other parent. This could be:

• Scheduled visitation: The court order establishes dates and times that the child will be with each parent. Scheduled visitation can address holidays, vacations, and special occasions such as birthdays.
• Open-ended visitation: The court order does not specify a schedule for visitation but allows parents to work this out on their own.
• Supervised visitation: When the court has concerns about a child’s safety while with the noncustodial parent, the court order might specify the terms for supervising visits with that parent.
• No visitation: If the court finds that even supervised visitation would put the child at an undue risk of physical or emotional harm, then the order will not allow any parenting time to the noncustodial parent.

So, a custody schedule is needed both in situations where parents share physical custody and in situations where one parent has sole physical custody and the other has parenting time.

Joint Custody Schedules

Some of the most common schedules for parents sharing physical custody are the “alternating weeks” schedule and the “3-4-4-3” schedule. As the names imply, the alternating weeks schedule has a child spending 7 days in one parent’s home and then switching to the other parent’s home for the next 7 days, while the 3-4-4-3 schedule puts a child with one parent for 3 days one week and 4 days the next.

Of course, parents are free to develop their own schedules, and just because parents have joint physical custody does not mean that they each need to have the child exactly 50% of the time. If one parent works a traditional weekday schedule while the other works 12 hour shifts on weekends, for instance, it might work best for the child to be with one parent from Friday afternoon to Monday morning while the other parent takes the child during the remainder of the week. In a joint custody arrangement, the child is with each parent at least 30% of the time, but parents can get creative about how they want to arrange the time. If the schedule provides a safe and secure atmosphere for the child, the court is likely to approve it.

Sole Custody Schedules

Even when the court order does not set a schedule for visitation, it is good for parents to establish a schedule on their own so that both parents and children can feel confident that they will enjoy parenting time on a regular basis. One traditional visitation that still works well for many families is for the child to be with the noncustodial parent one day during the week and every other weekend. While this works well for parents with traditional work schedules and children who are in school or daycare, it is not always the most advantageous in other situations.

For a young child and parents with unpredictable work schedules, it might work to have a standing arrangement that puts the child with the noncustodial parent on that parent’s first day off each week, whenever that happens to fall. It is important to consider childcare arrangements, parents’ work schedules, the child’s schedule, and a host of other factors when setting a parenting plan.

Holstrom, Block & Parke, APLC Can Help You Arrangement a Beneficial Custody Schedule

While it is particularly important to establish a workable and advantageous custody schedule when that schedule will become part of the court order, it is helpful to have a schedule that sets expectations in every situation, even when the court allows parents to be flexible. The experienced team at Holstrom, Block & Parke, APLC can work with you to consider all the details that will affect your parenting plan and help you develop the right schedule for your needs and the needs of your child. Contact us today to learn more about the ways we can assist with custody and other family law matters.