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What Parents Need To Know About Child Custody Laws

by | Apr 10, 2023 | Custody

child custody laws

Going through a divorce or separation can be a difficult and emotionally charged time for any family, especially when children are involved. One of the most important aspects of a divorce or separation that parents must address is child custody. Child custody laws govern the legal rights and responsibilities of parents and their children, and understanding these laws is critical for anyone going through a divorce or separation. In this blog post, we’ll provide an overview of child custody laws and what parents need to know to navigate the legal system. We’ll cover different types of custody, how custody is determined, and what factors courts consider when making custody decisions.

Types of Custody

The first thing parents need to understand about child custody laws is that there are two separate types of custody orders: Physical custody and legal custody.

Physical Custody: This refers to where the child will physically reside after the divorce or upon separation. The parent who has physical custody is responsible for providing the child with day-to-day care.  The court can order joint physical custody, sole physical custody to one parent with visitation to the other, or primary physical custody also known as shared custody.

Legal Custody: This refers to the parent’s right to make important decisions regarding the children’s health, education, and welfare.  The court can order sole legal custody to one parent, joint legal custody which requires the parents to agree before making these decisions, or joint legal custody with one parent having final decision-making authority when the parents cannot agree.

Child Custody Laws: How Custody is Determined

Unless the parents can come to an agreement on their own or through mediation, custody is determined by the court, usually as part of a divorce, legal separation, or paternity proceeding. The court’s primary concern when making custody decisions is the best interests of the child and under child custody laws. This means that the court will consider a variety of factors to determine what custody arrangement will be most beneficial for the child, however, child custody laws favor the children having frequent and continuing contact with both parents.

Child Custody Laws: Factors Considered by the Court

When making custody decisions under child custody laws, the court will consider a range of factors, including:

  • The child’s age, gender, and health.
  • The mental and physical health of the parents.
  • The relationship between the child and each parent.
  • The ability of each parent to provide for the child’s basic needs, including food, clothing, and shelter.
  • The willingness of each parent to encourage a healthy relationship between the child and the other parent.
  • The stability of each parent’s home environment.
  • The child’s preference, if they are of sufficient age and maturity to express a preference.
  • Any history of abuse or neglect by either parent.
  • The distance between each parent’s home and the child’s school and other important activities.
  • The parents’ ability to cooperate and communicate effectively regarding the child’s care.

Modifications to Child Custody

Modifications to child custody can occur when circumstances change and the original custody arrangement is no longer in the best interest of the child. Some common reasons for modifications to child custody include a change in one parent’s living situation, a parent’s relocation, a change in the child’s needs or preferences, or evidence of abuse or neglect. 

To modify a custody agreement, a parent must typically file a motion with the court and demonstrate that a change in custody is necessary to protect the child’s well-being or that a change is in the best interest of the child. It’s important to note that modifying a custody agreement can be a complex process, and it’s essential to seek the guidance of an experienced family law attorney to navigate this process successfully. You can read more about custody and parenting time here. 

Whipple Mercado Family Law Can Help

If you’re in need of legal assistance regarding child custody or any other family law matter, consider reaching out to Whipple, Mercado & Associates. Our team of experienced family law attorneys is dedicated to providing compassionate and effective legal representation to clients in Northern California.

Whether you’re looking to establish a custody arrangement, modify an existing arrangement, or resolve any other family law issue, Whipple, Mercado & Associates can help. Contact them today to schedule a consultation and learn more about how they can assist you.



Divorce

Family

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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