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Child custody and parental visitation are sensitive, critical aspects of family law litigation, and decisions made in that process will have a significant impact on your children and your parenting role. Hiring one of our skilled San Francisco Child Custody Lawyers can help make a difference.
In California, courts must consider the best interests of the child when hearing child custody and visitation matters. This standard requires the court to weigh various factors such as the level of tension and disagreement between parents. Even the input factors for a child support calculation may be a source of argument between parents who have separated.
Custody and visitation require the knowledgeable, compassionate, and responsive representation that Schoenberg Family Law Group, P.C., provides.
Our experienced lawyers handle custody and visitation matters in connection with divorces and partnership dissolutions, legal separations, annulments, abuse prevention, and parentage actions. We have a successful track record in settling and litigating legally complex, high-conflict matters, such as:
We diligently work toward favorable outcomes for our clients, prioritizing your children’s needs and interests.
California distinguishes between “physical” and “legal” custody. If a parent has “sole physical custody,” the child resides with that parent. The court may issue orders allowing visitation to the parent who does not have physical custody. If the parents have “joint physical custody,” then the child resides with both of them, for a timeshare division that is equal or roughly equal between the parents. A visitation schedule is arranged to define this timeshare.
If a parent has “sole legal custody,” that parent has the exclusive right and responsibility to make decisions about the child’s health, education, and welfare. If the parents share “joint legal custody,” both parents are legally entitled to share in such decisions.
California contemplates that child custody can be assigned in a number of ways:
The state does not presumptively favor any particular custody assignment. The state grants both the court and the family wide discretion to establish a parenting plan that serves the child’s best interests. Pursuant to California law, parents who cannot agree to a child custody agreement must participate in court-ordered
mediation, to try to resolve these issues. Of course, mediation is effective only if each party is willing to compromise. If one or both parties cannot do so, then litigation will be necessary.
California courts differ by county, in terms of whether their mediators operate by confidential or recommending mediation. In confidential mediation counties, the sole purpose of mediation is to attempt to reach a full agreement on the child-related issues, such that the parties will not have to appear before a judge. The parties can also reach a partial agreement, resolving some issues together and leaving the rest for the judge.
In recommending mediation counties, the court will issue a temporary child custody order, based on the mediator’s recommendations as to any issues the parties cannot resolve. The court does not always adopt every recommendation, but judges commonly give weight to mediators’ recommendations. Both parents have a statutory right to a child custody trial, the result of which will be the issuance of permanent orders. It is in your best interest, and that of your children, for you to have an attorney to advise you during mediation and advocate for you during these adversarial court proceedings.
“Debra helped me with my child custody case last year and I could not have received better help or service. She personally attended to my case, sometimes rearranging her other obligations, to make sure my case was handled by her. Thanks to her my child is now thriving in my home. I highly recommend her services!”— C.T.
Schoenberg Family Law Group, P.C., effectively counsels parents to agree upon child custody arrangements that serve their children’s best interests. We also provide comprehensive trial experience in contested San Francisco child custody cases. We will advise you through the mediation process, work toward a fair and equitable custody agreement, and, if litigation becomes necessary, aggressively represent you at trial, with compassion for you and your children at the forefront of our minds.
Our legal team can also help you resolve other aspects of custody and visitation, including “move-away” cases; modification of custody orders; establishment or modification of parenting plans; establishment, enforcement or modification of visitation rights; and interstate and international custody disputes. Our exclusive focus on family law in San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, and the greater Bay Area, together with years of experience handling custody and visitation matters, empowers us with the requisite insight, expertise, and care necessary to represent you in a way that protects your child’s best interests.
To speak with a San Francisco child custody attorney about divorce or domestic partnership dissolution, child custody, and/or related issues, please contact us online, or call us at 415.834.1120.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
