Child custody and visitation may be an issue in a divorce case, a domestic violence case, a paternity case, a case brought by the district attorney to enforce child support obligations, a guardianship case, or a juvenile court dependency case.

    In a divorce case, domestic violence case, district attorney's support enforcement case, or paternity case, if custody and visitation are issues and the parents do not agree, they are required by law to attend orientation and mediation sessions at Family Court Services, an agency which is an adjunct of the family court. Discord between the parents creates very serious problems for their children, and it is therefore the goal of California's family law to help the parents minimize the impact of their separation and divorce on the children by helping them work together as parents even while they are disagreeing on everything else. The law assumes that the child is best served by spending a lot of time with each parent; that means substantial "visitation" time with the parent who does not have primary physical custody. (There is an obvious exception, of course, if one parent is seriously abusing a child, sexually or otherwise.)

    In a guardianship case, the question is whether someone who is not a parent should have custody of the child. (Guardianship of the minor's person involves custody; guardianship of the minor's estate involves money.) It is handled by the Probate Court, not the family court. In a juvenile dependency case, the question is whether the child should be removed from the custody of the parent or parents and placed with a relative caretaker or a foster parent because the parents are abusing or endangering the child. In the most serious cases, where reunification of the family cannot be accomplished within a twelve or eighteen month period, the children are permanently removed by the court and placed for adoption or consigned to long-term foster care. These cases are handled by the Juvenile Court.

    I represent fathers, mothers, grandparents, and children, in all of the various kinds of court cases in which custody, visitation, or removal from the home are issues. I will be happy to discuss your situation with you and explain any rights and obligations you may have. I will
also discuss with you the potential cost of legal representation.