Fair Oaks Child Custody Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Providing Legal Counsel for Child Custody Cases in Fair Oaks, CA

McCunn Law provides legal representation for parents in the Fair Oaks, CA area facing child custody determinations. These cases often arise out of divorces, but it is also possible for unmarried parents to undergo child custody determinations if they decide not to live together after having a child. Whatever your case entails, a Fair Oaks child custody attorney can be your best asset for navigating this difficult situation.

We understand that child custody determinations can be extremely stressful for parents, especially when they realize that the final decision rests in the hands of a judge. When you are concerned about how your child custody case is likely to unfold, the right family law attorney will help you approach the situation with confidence and understand your options as the case progresses.

You need help with child custody? Contact McCunn Law Today.

Child custody cases can be stressful and complex. If you are involved in a child custody case, you need a compassionate family law attorney who can protect you and your child’s best interests. For more information about our divorce and custody services, contact our office online or call (916) 675-3927 to speak with a member of our team today.

Call (916) 773-6100

Should I Hire a Lawyer for Child Custody?

Technically, it is possible to navigate a child custody determination without an attorney. However, doing so is not a good idea. You run the risk of making procedural errors as your case unfolds, which may result in a child custody agreement that does not suit your preferences or your child’s needs. When you work with a Fair Oaks child custody attorney, you increase your chances of a fair and reasonable result in your child custody determination.

Ultimately, hiring a Fair Oaks child custody attorney will cost more than navigating the situation on your own, but you face enormous legal risks by foregoing legal representation. Consider your choice to hire an experienced child custody lawyer as an investment in obtaining the child custody determination you hope to see.

Who Is the Best Child Custody Lawyer?

When you need legal representation from a Fair Oaks child custody attorney, it is natural to want the best attorney you can find to handle your case. Ultimately, your choice of attorney will have a profound influence on the outcome of your case and the type of experience you have with the situation. Take your time to find an attorney who can provide comprehensive, responsive, and compassionate legal counsel throughout your case’s proceedings.

If you choose McCunn Law as your Fair Oaks child custody attorney, we are confident that you will be more than satisfied with the quality of the legal counsel you receive. We take a client-focused approach to every case we represent. We will get to know you and your family so we can better understand your family dynamics and what type of custody agreement would work best for you and your children. If you have questions about the child custody determination process, you can be sure that our team will be ready to provide the legal counsel you need to better understand the situation as it unfolds.

Can I Negotiate Child Custody Privately With My Coparent?

No one knows your children better than their parents, and divorcing parents must keep their children’s needs at the front of their minds during their child custody determinations. Some divorcing parents may wonder whether they can negotiate with their coparents and develop their own child custody determinations. Unfortunately, this is not an option under California law.

California family law requires that the family court ensures any child custody determination suits the best interests of the children it will affect. Divorcing parents may privately negotiate a proposal for a parenting plan in divorce mediation that includes their preferred custody and child support terms, but they must submit this proposal to the family court and obtain a family court judge’s approval before it will be a formal and legally binding agreement.

If you want to have more control over your child custody determination, you should take advantage of private mediation with your coparent if at all possible. This is common in divorce proceedings, as mediation offers divorcing parents more control over other aspects of their divorce like property division and alimony. While divorcing parents cannot make any firm decisions regarding their future custody arrangements, they can develop a solid parenting plan that a judge is likely to approve.

Many divorcing or unmarried parents can find it very difficult to work cohesively with their child’s other parent. However, mediating a parenting plan can effectively provide them with a foothold in reaching a child custody agreement that more closely suits their personal preferences. While there is no guarantee their family court just will approve their proposal, they may approve it with a few minor adjustments the parents find reasonable.

What Will a Judge Consider When Determining Child Custody?

Regardless of whether a child custody determination involves divorcing married parents, unmarried parents, or divorcing parents who want to mediate their divorce, a judge must review and approve their custody determination before it becomes a legally enforceable family court order. In the event a judge must determine child custody, they must assess several factors to determine what type of custody arrangement would suit the child’s best interests best:

  • The judge must evaluate each of the parent’s living arrangements to ensure they are capable of providing a clean and safe environment in which they can raise their child.
  • The judge will review each parent’s income. This will not only help to establish each parent’s financial ability to provide for their child’s basic needs but also influence a related child support agreement.
  • If either parent has any history of domestic violence, child abuse, or criminal conviction, these factors will heavily influence the judge’s determination. If a parent does not qualify for custody rights, they will still be financially liable for child support.
  • Most judges are willing to consider a child’s preferences if the child is able to make a sound argument and convey their wishes coherently.

Once a judge has determined these factors, they will deliver their ruling. It is not uncommon for parents to feel slighted by a family court judge’s determination due to the fact that they have little to no bearing on the final outcome.

Can I Change My Child Custody Agreement?

If you believe that your current child custody terms are unfair, imbalanced, or fail to suit your child’s best interests, the family court system provides a modification process that allows you to petition for a change to your current family court order. Divorced and unmarried parents with child custody and child support orders commonly use the modification system to address unexpected changes in their lives that materially affect the terms of their custody and support orders. For example, if a parent paying child support sustains an injury that results in permanent disability, they petition for modification to reduce their child support obligation due to decreased ability to pay.

The modification process is fairly straightforward. The party desiring the modification files a petition with the family court, and the court will arrange a hearing. During this hearing, both parents will attend and have a chance to speak on the issue. The party requesting the change must offer a convincing argument and supporting evidence for a judge to consider it. When a modification pertains to a change to a child custody order, the judge must ensure that the proposed change will suit the child’s best interests more fully than the original custody order.

What Happens If a Parent Violates a Custody Order?

If you are beholden to a child custody order, it is absolutely crucial that you follow the provisions of the order to the letter. Any violation of a child custody order can not only lead to a loss of your parental rights but also criminal penalties depending on the nature of the violation. If you believe your child’s coparent has violated your custody order in any way, it is best to consult your Fair Oaks child custody attorney as soon as possible.

The most viable response to your coparent’s violation of your child custody order is to file contempt proceedings against them. When you file contempt proceedings, you are essentially asking the judge to assess that your coparent violated the custody agreement willfully and to rectify the situation. Contempt could lead to them losing their custody rights on some level in addition to other criminal penalties.

Can I Move While Under a Custody Order?

Relocation is a major point of contention between many divorced and unmarried parents with custody agreements. If one parent with custody decides to relocate, the other parent can feel as though they are attempting to steal their child away from them. It’s vital for parents on both sides of a relocation dispute to understand how the court will view the situation.

For the moving parent, if they want to retain their custody rights, they must prove that the move would suit their child’s best interests and would not interfere with the other parent’s custody rights. If they are considering a long-distance move, this will almost certainly influence the existing custody terms. The relocating parent must either secure greater custody rights that would allow them to move with the child, or they must relinquish a measure of their custody rights and allow the child to remain in the custody of the other parent.

For the non-relocating parent, they will likely wish to prevent the other parent from moving away with their child. Accomplishing this will require them to prove that the proposed relocation does not suit the child’s best interests or places an undue burden on their ability to exercise their current custody rights. The most likely outcomes of a proposed relocation would be the cancellation of the intended relocation or a significant change to the parent’s custody rights.

What to Expect from Your Fair Oaks Child Custody Attorney

If you are preparing for a child custody determination in Fair Oaks, CA, the legal counsel you hire to assist you will have a significant impact on the outcome of your case. When you work with McCunn Law in your child custody case, you can rest assured our team will do everything we can to guide you to a favorable result. We can provide the objective legal guidance you need to approach your child custody determination with confidence.

We will begin handling your case by carefully reviewing your goals for the child custody order. Many divorcing and unmarried parents will find it difficult to separate their personal feelings for their coparents from their shared parental responsibilities. While you may not like it, the fact remains that unless your coparent has done something to indicate otherwise, they have just as much of a right to custody as you do.

McCunn Law will help you build a strong case for custody to increase the chance of you securing the custody rights you hope to obtain. It is important to remember that two types of custody will come into play in your child custody determination: physical custody and legal custody. Physical custody refers to where the child will live, and legal custody refers to a parent’s ability to make important decisions on behalf of their child.

When a child custody determination results in joint custody, this usually means that both parents will have some measure of physical custody and legal custody. Their children may spend more time with one of them over the other, but both parents must work together when it comes to making major decisions for their children. The parents must also learn to communicate effectively to minimize the chance of disputes arising while they are raising their children.

In some cases, one parent may obtain sole custody of their children. This is likely if the other parent poses a clear danger to their children or has abused them in the past. It is also possible for the other parent to willingly surrender their parental rights, but they cannot escape their child support obligation by doing so.

Find Your Legal Team Today

Whatever your case entails, you can rest assured that the team at McCunn Law will help you reach a fair and reasonable outcome to your child custody determination that upholds the best interests of your children. We understand how emotionally difficult these cases can be and will do everything we can to reduce the stress and anxiety the situation causes for you. If you are ready to speak with a Fair Oaks child custody attorney about your impending case, contact McCunn Law today and schedule a consultation with our team.

Why Choose McCunn Law

Our methods for handling child support and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.