We begin every case with a client’s goals in mind and try to find a point of resolution for each case. If we can resolve your issues amicably through negotiation, mediation or collaboration, we will do so. If we are unable to reach a reasonable and satisfactory result, we will assert your interests at trial.
When you come to Butler, Thiessen & Metzinger, Inc., our lawyers will discuss the facts of your case with you and give you an honest assessment of your likelihood of success. We will also explain the steps we will take to resolve your custody issue. We are driven by your goals and focused on results.
We have more than 30 years of experience in family law. We have handled several hundred cases and will advocate for you. Call 209-390-8829 to learn how we can help.
Forms Of Custody In California
When you are considering the future of your family and your children, there are two components of custody that must be determined and we will discuss these with you:
- Legal custody – Defined by the courts as the ability to make decisions regarding medical, educational and religious issues.
- Physical custody – Involves where the child resides, where the child attends school and breaks down the time frame. Visitation is also a component of physical custody.
Parents can share legal custody, physical custody or both in a joint custody arrangement. If that is not appropriate for your family or your situation, we will work with you to establish you as the sole physical or legal custodian of your children as well as develop a proper parenting calendar or visitation schedule for your child’s other parent. We can also represent you if you wish to relocate with your child or prevent relocation.
What The Court Is Looking For
The best interests of the child are always foremost in any custody case. When determining custody, the court looks at, among other things, whether the parents are involved and invested in their child’s daily life. This includes actively participating in school functions, your child’s extracurricular activities and, more generally, the amount of time you spend with your children on a daily, weekly or monthly basis.
Frequently Asked Questions About Child Custody And Visitation
Child custody and visitation decisions can shape your child’s routine, safety and long-term stability. The following answers address common issues that arise in California custody cases:
What does joint custody mean in California, and is it always 50/50?
Joint custody may involve legal custody, physical custody or both. Joint legal custody allows both parents to take part in major decisions about the child’s health, education and welfare. Joint physical custody means the child spends substantial time with each parent, but it does not require an equal split.
The court will focus on the child’s best interests when setting a parenting schedule. It may review school hours, each parent’s work demands, travel between homes and the child’s need for consistency. Because each family has different needs, one parent may receive more parenting time even under a joint custody order.
What if I believe my child is unsafe with the other parent – what can I do?
You may ask the court to change a custody or visitation order when you have serious safety concerns. If your child faces an immediate risk, you may also seek temporary emergency orders. Your request should identify the conduct that places your child in danger and explain why prompt action is needed.
Records can help the court evaluate your concerns. These may include police reports, medical records, messages, photographs or witness statements. Based on the facts, the court may limit visits, require supervision or arrange safer exchanges. You should also contact law enforcement or the proper child protection agency when your child faces an urgent threat.
At what age can a child choose which parent to live with in California?
California law does not give a child the sole right to choose a parent at a fixed age. However, the court may consider the child’s wishes when the child can express a thoughtful and informed preference.
A child who is 14 or older will often have a chance to share that view unless doing so would conflict with the child’s best interests. Even then, the child does not make the final decision. The judge will also weigh safety, stability, parental involvement and the overall custody plan.
How do substance abuse or DUI issues impact custody and visitation?
Substance abuse or a DUI may affect custody when it creates concerns about judgment, supervision or safe transportation. The court will review the circumstances rather than rely only on the charge.
For example, the judge may consider whether the child was present, whether similar events occurred before and whether the parent completed treatment. The court may then order testing, supervised visits, limits on driving with the child or other safeguards. One event may not decide the case, but repeated conduct or an incident involving the child may carry greater weight.
Contact An Attorney
For compassionate and understanding family law representation, contact Butler, Thiessen & Metzinger, Inc., in Stockton by calling 209-390-8829.