Salinas Child Custody Attorney
How to Get Full Custody of Your Child in CA
In California, both biological parents have visitation rights to their children. After a divorce or separation, a parent may seek sole or joint custody from the courts based on a number of circumstances. It is the judge’s job to decide what is in the best interest of the child in question.
Our child custody lawyers can assist you with your child custody case. Call (888) 315-0588 today for a free consultation.
Why Should I Hire an Attorney?
Because family situations can change, it is important to have a legal plan in action for the visitation of your children. While parents should agree on custody, complexities can arise from changing family dynamics. Having a plan that has been approved by a judge will help in future situations where custody issues may arise.
An experienced family lawyer from Lavorato & Scott can assist you through the legal process of your child custody case, helping your family mediate both contested and uncontested legal proceedings.
California courts will evaluate custody cases based on the following criteria:
- Health and welfare of the children
- Benefits of contact with parents
- Children’s preference
- Stability of the home
Types of Child Custody in California
Child custody matters in California can be complex and emotionally charged, but it's essential to understand the different types of child custody arrangements to make informed decisions for your family. In California, there are two primary types of child custody: legal custody and physical custody, each with subtypes.
Legal Custody:
Legal custody refers to the authority to make important decisions about a child's upbringing, including education, healthcare, and religious upbringing. California recognizes two main forms of legal custody:
- Sole Legal Custody: In this arrangement, one parent is granted the exclusive right to make significant decisions for the child. The other parent may still have visitation rights but lacks the authority to make key choices regarding the child's well-being.
- Joint Legal Custody: This is the most common form of legal custody in California. Both parents share the responsibility and authority to make important decisions for the child. Even if the child primarily lives with one parent, both parents have equal input in decision-making.
Physical Custody:
Physical custody pertains to where the child lives and spends their time. California recognizes different physical custody arrangements:
- Sole Physical Custody: In this scenario, the child lives primarily with one parent, and the other parent may have visitation rights. The child's primary residence is with the custodial parent, and the noncustodial parent typically has specific visitation schedules.
- Joint Physical Custody: Under this arrangement, the child spends significant time living with both parents. Joint physical custody aims to provide the child with equal or substantial time with each parent. However, it doesn't necessarily mean a 50-50 split; the schedule can be flexible to accommodate the child's needs.
You Have Options
A judge may decide on legal or physical custody for one or both parents. Legal custody refers to a parent’s authority in major decisions about a child’s life, while physical custody refers to which parent a child will live with. The California family court favors joint custody when both parents agree, but negotiations can occur both inside and out of court.
If you are going through a child custody matter in California, contact a lawyer at Lavorato & Scott for assistance. Our combined years of experience can help achieve your desired custody situation.
Our Client Testimonials
-
Christian is a very good attorney all around. He is knowledgeable and doesn't sugarcoat things. He is real and his advice is always helpful. I have referred many people to him and they are all very happy with his advice and representation.Anonymous
-
Christian Scott is one of the few attorneys in Monterey County who can fight sleazeballs like David Parnie. Mr. Scott is highly knowledgeable, ethical, and will fight hard in the court room.Bill
-
From the moment I walked in they made me feel comfortable and safe. They consult me and I immediately happily retained their services. I was a nervous mess as I have different cases going a Restraining order/ Domestic Violence and Divorce . Both Daniel and Jana kept reassuring me that things will be okay and to confide in them. I had to get a little lecture , but that’s ok as I needed it...They really now what they are doing. We have recently gone to our first court hearing and I’m HAPPY of how things are turning out. Patience is a virtue. And I don’t mind waiting as long as things are handled appropriately.Iris G.
-
Mr. Scott represented me in my divorce action. It was a difficult time in my life and dealing with the custody of my children and support issues, Mr. Scott and his team really came through for me. He was aggressive when he needed to be but was able to settle all of my issues outside of the courtroom. I met with other attorneys before I met with Mr. Scott. I am very glad that I waited until I found Christian and at the end of my interview, I hired Mr. Scott. We went to court and everything, but there was no arguing in the courtroom like many of the other cases. Mr. Scott had 4 other cases the morning of my case. When he showed up it was like he was a celebrity. Other attorneys came up to him and greeted him. His other clients greeted him. I even saw the investigator and some mediator come up to him and speak with him. I saw him argue against another attorney when he was unable to work something out and the Judge ruled in his favor on everything. Gave him everything he asked for. It was very impressive. After he argued that case, he went out in the hallway spoke with the attorney on the other side, came over to me and spoke with me about the negotiations and I was very happy with where I stood. I happily agreed to what Mr. Scott worked out. We went into the court room, Mr. Scott told the judge the agreement and I was out of there. Now that the divorce is over with, I am very happy. I have a great custody situation, 50/50. My ex wife and I have gone to co-parent counseling at the suggestion of Mr. Scott and have a working co-parent relationship. I am very happy with the property division as well. The case took about 6 months from start to finish. I am very happy with my choice. I hope I never need Mr. Scott's services in the future, but if I have a problem, I would go straight back to him and his team. I have recommended him to my friends and co-workers and have never heard a complaint.Anonymous
-
I had a criminal case involving a DUI. Christian got me through it and was very helpful. I will recommend him to any of my family or friends that get into a jam.Anonymous
-
Christian is the best! He helped me in a very difficult custody situation. My son was getting physically abused. It was so difficult to see the court system not trying to protect my son. But Christian never gave up and fought for my son like he was his own. I will forever be grateful to him and his Wonderful paralegal Jana. So when I say they are the BEST, believe me they are! My son is now out of harms way because of Christian never giving up. So don't waste your time on other attorneys that will not care for the BEST interest of your child. You cannot put a price on peace of mind.Angie
-
Christian Scott came highly recommended. From our first consultation together back in 2019 I knew I would be in good hands. It has been a long journey together. Despite all the difficulties and never ending battles with my case, I have always been able to trust that Mr. Scott has and continues to do what is in the best interest of my case. He has always listened, takes into consideration what I've presented, yet still offers his own recommendations and guidance that is based on his many years of experience. Offering his open, fair, honest and genuine realistic input has been been like having a family member fight for you when you have needed it in the lowest times of your life.Cynthia G.
-
It was an absolute great experience working with Mr. Scott. The moment I entered the office, staff greeted me and made sure I was comfortable and had what needed for my meeting. Mr. Scott was very professional and paid attention to detail in my situation. His ability to hear the situation, allowed for a great outcome. Mr. Scott’s recommendations and ability to get things done was phenomenal!Alex M.