Compassionate Child Custody Lawyers in Atherton, CA
At Schoenberg Family Law Group, P.C., we understand the emotional upheaval and logistical challenges inherent in family law matters—especially child custody disputes. Our experienced Atherton child custody attorneys know that whether you’re facing a divorce, navigating a custody battle as unmarried parents, or seeking a custody modification, the issues involved are extremely sensitive. We are dedicated to providing empathetic and knowledgeable guidance in difficult times.
When you entrust your case to us, you gain the support of specialized attorneys well-versed in California child custody law. We build relationships based on trust, integrity, and open communication, empowering parents to make informed decisions that serve the best interests of their children, now and in the years to come. Our unwavering commitment is to help you establish the stability and support necessary for your family to thrive.
Understanding the Two Pillars of Child Custody in Atherton, CA
California law recognizes two types of child custody: legal and physical. Legal custody grants a parent the authority to make critical decisions regarding a child’s health, education, and religious upbringing. Physical custody, on the other hand, determines where the child resides. Both legal and physical custody can be shared jointly between parents or held solely by one parent.
Joint physical custody means the child spends an equal or substantial amount of time living with each parent. Parents can mutually agree on a customized joint physical custody arrangement, even if it doesn’t adhere to a strictly equal time-sharing model. Whenever possible, parental cooperation is key to developing a co-parenting plan that works well for everyone and, above all, focuses on the child’s needs and well-being.
The state encourages parents to collaboratively develop their own legal and physical custody agreements. However, when parents are in conflict and cannot reach a consensus, California mandates mediation before any contested court proceedings. If mediation fails to yield a resolution, a judge will ultimately determine the custody arrangements, always prioritizing the child’s best interests.
San Mateo County Judges: Prioritizing the Child’s Best Interests
In San Mateo County, judges are required to base child custody decisions on the child’s best interests. This standard requires that they consider many factors while maintaining impartiality, refraining from preferential treatment based on parental gender, physical disability, lifestyle, religious beliefs, or sexual orientation. The judge’s primary focus is on ensuring the child’s health, safety, and welfare. Except in rare circumstances, this means maintaining a meaningful relationship with both parents, including frequent and ongoing contact.
The court will examine these and other factors in custody decisions:
- The child’s age and health
- The emotional bonds between parents and children
- The parents’ capacity to provide adequate care
- Each parent’s ability to foster a relationship between the child and the other parent
- Any history of family violence or substance abuse
- The child’s connections to home, school, and community
Beyond these core considerations, judges also weigh factors such as:
- Child’s Preference: California law mandates that courts consider the wishes of mature children (typically age 14 and up) regarding custody arrangements.
- Continuity and Stability: Judges prioritize maintaining a stable home environment and consistent schedule for the child.
Atherton, California’s Approach to Parenting Time and Visitation
Parenting time, or visitation, is also determined, first and foremost, by the child’s best interests, plus the parents’ circumstances, and other factors outlined above. A detailed parenting plan, including schedules for holidays, birthdays, school vacations, and other important occasions, is crucial to prevent confusion and conflict.
Judges may order one of four typical visitation schedules:
- Scheduled Visitation: A detailed plan outlining specific dates and times for each parent, minimizing conflicts and confusion.
- Reasonable Visitation: A flexible plan tailored to the parents’ circumstances, ideal for cooperative parents.
- Supervised Visitation: Necessary when the child’s safety requires monitored visits.
- No Visitation: Implemented when the other options pose a risk to the child’s physical, mental, or emotional well-being.
Crucial Note: Child Support and Visitation are Separate
While child custody and support decisions involve overlapping considerations, they are separate orders. Withholding visitation (denying a parent access to the child) due to unpaid child support is a violation of court orders and can have serious legal consequences. If you’re facing child support issues, consult an experienced Atherton family law attorney before taking any action.
Schedule Your Consultation with an Atherton Child Custody Attorney
At Schoenberg Family Law Group, P.C., our Atherton family law attorneys are dedicated to working with you to develop a tailored child custody and visitation plan. We understand the importance of quality time and a strong relationship with your children. We find creative solutions to thorny problems and will craft a strategic plan to achieve your goals. If you have questions about any divorce or custody-related matter, we’re here to provide the personalized attention, answers, reassurance, and legal support you need. Contact us today for a confidential consultation.
