Child Custody & Support

When you separate or divorce from your child(ren)’s other parent, you need to decide who will have “custody” of your children and how they will be taken care of.  You also need to decide on “visitation,” which means how each parent will spend time with the child(ren).

If parents cannot agree on a parenting plan for the children, the court will decide. The legal standard is always the child’s “best interest.” In California, it is public policy to ensure that children have frequent and continuing contact with both parents after parents separate or dissolve their marriage or end their relationship. Child custody and visitation orders may be requested by either parent of a child. This is why having a partner experienced in complex custody issues on your side will make all the difference in your child custody case. Contact the Stratte Firm today to get started.

If the parents were not married at the time the child was born, the Court cannot make any orders for custody, visitation or support until paternity is established. Paternity may be established by both parents signing a Declaration of Paternity form (CS 909) in the hospital when the child is born, or at a later date if the form is notarized and submitted to the Department of Child Support Services, or by opening a Paternity case with the court.

Can child custody and support be modified after divorce?
Child custody and support can be modified after a divorce if there have been significant changes in income, physical custody changes outside of the original scope that support was based on and any other factors that may impact the health and well being of the children in question. The Stratte Firm are the experienced team you need on your side, contact us to get started.

A Parenting Plan is a legal document that states the custody and visitation arrangements that the parents have agreed to. It can also be called a Custody and Visitation Agreement. The team at the Stratte Firm are highly experienced in the process of developing a parenting plan in custody cases. A Parenting Plan is usually very detailed and sets consistent times for the child to be with each parent on a day-to-day basis, holidays and vacations. The plan needs to be in writing and signed by both parents, and their attorneys if they have one. The Court will review the plan, and will usually approve plans that have been agreed to. Once the Court signs the Parenting Plan it becomes a court order that is enforceable. Hire the Stratte Firm to ensure you have the best team on your side today.

Some of the things to consider when you write your Parenting Plan are:

• Where will the children go to school?
• What kind of daycare do the children need?
• What religion will the children be raised in?
• Who will be the children’s primary medical and dental care providers?
• Who will make decisions in cases of emergency?
• How will information about the children be shared?
• Do both parents have the right to call the children when they are in the care of the other?

The Stratte Firm will assist you with modifying a child custody order. Either parent can ask the court to change the custody and/or visitation orders if circumstances change. For example, if the educational needs of the child change, medical needs change, or if one parent wants to move away, the court orders may need to be changed. The process can be time consuming, complex, and frustrating. It is important to have a knowledgeable supportive team on your side during the modification of a custody order. The Stratte Firm is the team you need on your side for your custody case.

To request that the Court change custody, visitation and/or support orders, one parent must complete the Request for Order forms and file them with the Court Clerk. The Court Clerk will set an appointment for the parents to attend mediation where a professional mediator will help the parties come to an agreement regarding the custody and visitation of their child, and will also set a hearing date. At the court hearing, the judge will review any agreements that may have been reached, and will consider the new circumstances and make a decision as to whether the child custody and visitation arrangements are to be modified. Contact the Stratte Firm today.

If your case was filed in another county or state there are special laws that need to be followed. You may be able to move the case to your County and to hold a hearing in your County, but it is recommended that you seek legal advice regarding this complicated area of the law. This is why hiring the right attorney is important. Hire the team at the Stratte Firm to assist you in achieving the best outcome.

To help determine what is best for the child, the court may appoint a child custody evaluator to consider that health, safety, welfare and best interest of the child/ren with regard to custody and visitation issues. The child custody evaluator may interview the parents, children, grandparents, other relatives, or other parties to the case. The evaluator may also seek information from teachers, day care providers or medical providers. The evaluation could include reports written by mental health professionals, law enforcement agencies, drug and alcohol testing providers or reports from providers of anger management or parenting classes. You will be provided with a copy of the report once it is completed, however the report is confidential and should not be shared with anyone other than your attorney if you have one.
There are costs associated with a child custody evaluation. The Court will make orders as to which parent will be responsible for the costs or will divide the costs between the parents. The Stratte Firm is a leading expert in the field of child custody evaluations assisting clients in achieving ideal results. Partner with our firm today, contact the Stratte Firm to get started on your child custody case.

The first concern of the court will always be the best interest of the child. The Stratte Firm will work with you to determine the best interests of your child. Normally, a young person does not have the right to chose where they will live until they are 18 years of age. If the parents ask the court to decide where the child will live, the judge may consider the child’s wishes as one factor in making his/her order if they are over the age of 14. If a judge learned that a child would rather live with one parent than the other, the judge might consider:

• What is the reason the child wants to live with that parent?
• What is the level of stability and reliability of the parent the child wants to live with?
• What is the level of the child’s social maturity and emotional and intellectual development?
• Has the child been pressured or manipulated into stating a preference?

Whether or not a judge will consider a child’s wishes is decided on a case-by-case basis. If you would like to make this request of the judge, you should first discuss this with your attorney at the Stratte Firm to ensure your child’s needs are followed. Partner with the Stratte Firm today.

If the other parent is behaving in such a way, contact the Stratte Firm today to ensure your child is protected from kidnapping. Call 9-1-1 if you fear for your safety or the safety of your children.

At the Stratte Firm we partner with clients in high conflict parenting situations to ensure that the bests interests of the child are enforced. In certain situations, where there is an emergency, you may ask the judge to make a Temporary Order which will be in place until a proper hearing can be held, this is referred to as an Ex Parte hearing. You must fill out forms and provide pleadings to the Court to notify them of your situation ton protect you and your child. In these forms, you will be asking the court to make Temporary Orders. Notice to the other side is generally required. It is important to contact the Stratte Firm early in this process to ensure you have a partner on your side in cases of emergency custody requests. The Family Law Court holds these emergency hearings daily. Contact the Stratte Firm today to partner with their team in your custody case today.

No, child custody and child support are not enforceable by a court of law. Child support and custody rulings are created based on what is in the best interest of the child at the time of the decision. Many factors are considered when making that judgement. Contact the Stratte Firm to ensure that the terms of your prenup are enforced and for alternatives in case they cannot be enforced.

Yes, however the person seeking custody must show that they have a significant relationship to the child, this can include proving that you have cared for and supported the child, that you have acted in place of the parents, and if the biological parents are unfit to care for the child. The court will determine what is in the best interest of the child after consideration of these and other factors. The Stratte Firm can provide you with solutions in cases where you are the nonbiological parent seeking custody, or if you need assistance with this type of situation.