Child Custody & Support

Few issues in a dissolution of marriage are more emotionally charged than the issue of the placement of children. Parental motivations and emotions vary wildly. When parents cannot agree on what is best for their children, the Court will have to make that determination, either through mediation or court adjudication. In a contest between two parents, the primary issue is whether it is in the best interest of the child to be placed primarily with the mother, or the father and what contact the child should have with the non-primary custodial parent. If the contest is between a non-parent and a parent, the non-parent must first prove that it would be detrimental to the child to be placed with a parent.

The Court’s involvement is often unnecessary when the parties, at an early stage, work to reach agreement by sharing their children as parents and making appropriate decisions jointly for their children. 

An attorney's primary contribution in the process is to make sure that their client knows all of their rights and options.  If Court involvement does become necessary, we will assist you in preparing for the mediation appointment and being focused on the best interest of your child or children.  An experienced attorney can be of great assistance in the preparation for the mediation conference. But our true contribution will be in formalizing any agreements reached and/or litigating any dispute unresolved through the mediation process.

As far as child support, each parent is obligated by law to support the minor children of the marriage.

Child support is the amount of money that the court orders one parent to pay the other parent every month for the support of the child(ren). California has a formula (called a "guideline") for figuring out how much child support should be paid in all cases.

Child support payments are usually made until children turn 18 or 19 if they are still in high school full time, living at home, and can't support themselves. Parents may also agree on their own to support a child longer, e.g., through the completion of college.  Additionally, the court may order that both parents continue to support a disabled adult child that is not self-supporting.

You can ask a judge to make a child support order when you:

·   Get a divorce, legal separation, or annulment;

·   Establish parentage; or

·   Get a domestic violence restraining order.