Facing the possibility of losing time with your children, or dealing with an uncooperative co-parent, is always difficult. Mason Law Office, P.C. will provide the compassionate legal counsel you need to protect your parental rights, and your children’s well-being. We look at each case on an individual basis and help our clients decide what approach they want to take. Child custody and visitation is usually not clear-cut. Thus, we will help guide you down the path that will be most advantageous to you, and your children.
We handle all types of custody cases, but the majority of our clients are parents who are seeking to get more time with their children. Many of our clients are fathers who want to spend more time with their children. We have also worked with parents who find themselves in the difficult position of requesting to minimize or restrict the other parent’s visitation. Usually these cases involve serious allegations of neglect, parental substance abuse, child abuse, or parental alienation.
Child Custody: There are 2 types of child custody, as follows:
(1) Legal Custody: The right and responsibility to make decisions regarding the children’s health, education, and welfare. Legal custody can be either “joint” or “sole,” depending on the circumstances. Most parents will share joint legal custody, which means the parties have to jointly make all of the decisions about the child.
(2) Physical Custody: The authority to control and supervise the child. Physical custody is usually only relevant in cases when one parent is moving away from the child’s primary residence.
In making a determination as to child custody, the court focuses on the “best interest of the child” standard. The best interest of the child analysis requires the court to consider all of the following:
(a) The health, safety, and welfare of the child, and
(b) Any history of abuse by one parent or any other person seeking custody, against any of the following:
(1) Any child to whom he or she is related by blood or by marriage or with whom he or she has had a care-taking role, even if temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
Visitation/Parenting Time: The visitation schedule is referred to as “visitation” rather than custody. Visitation can be modified over time and as the child’s circumstances change. In most cases, it is more common to modify visitation, than it is to modify child custody.
Mason Law Office will provide aggressive representation to ensure that you are presenting both the court and the mediator with a clear, concise, and persuasive case. The approach you take to your case can make or break your case, thus it is very important that you have a lawyer from the very beginning. Call us today at (916) 629-4550!