Child Custody And Visitation

At Whipple, Mercado & Associates, LLP, we can help you with the following child custody and visitation issues.

Child Custody: Legal And Physical

Child custody is typically one of the most disputed topics in any divorce that involves children. Child custody involves legal and “physical” custody, and there is a significant difference between the two. In California, the court may grant one or both parties custody. If you and your spouse or partner cannot agree on custody and you choose to have the court decide, California will require that you attend mediation.

Child Visitation Rights

The court will usually grant visitation rights to the noncustodial parent, or the parent who does not have physical custody of the children. The court uses the “best interest of the child” standard in determining a visitation schedule. If there are no domestic violence restraining orders, both parties must attend mediation to work out a visitation schedule. The mediators and ultimately the court look at factors such as the age of the child, where the child would like to live (if over 12 or intellectually mature), and what grade the child is in, among others.

Guardianship In California

Guardians can be anyone other than parents, domestic partners or stepparents. A guardian is responsible for providing adequate care and support for a child in a positive, nurturing environment. The court will investigate the guardian’s background to verify that there are no detrimental factors such as drug use or violence that could cause harm to the child. In guardianship cases, the court always must place the best interests of the child at the forefront of any decision.

Move-Away Requests

One of the most contentious situations is when one party wants to move with the children to another location that would negatively affect the other party’s custodial time and parental rights. This is called a move-away case. Whether you are the moving parent or the stay-behind parent, there are myriad issues to address when a custodial parent wishes to relocate. Whatever the reason, if both parties do not agree to the move, the moving parent must seek permission from the court. Factors the court considers when a custodial parent is requesting to move from the area include the reason for the move, the effect it will have on the visitation schedule and the effect it will have on the noncustodial parent’s relationship with the children.

Contact A Child Custody And Visitation Attorney

For further information or to discuss your child custody issues, please contact our office to schedule a free confidential consultation with an experienced child custody and visitation attorney. Contact us online or call 925-344-5050 locally or 800-708-3761 toll free.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization

Child Custody And Visitation