Rancho Cucamonga Child Custody Lawyer

How Does the Court in Rancho Cucamonga Decide Who Gets Custody?

California courts are guided by a single question when it comes to child custody: what is in the best interests of the child? If you believe that you are the best candidate to have primary custody over your child, then your child custody lawyer will have to prove that you meet a certain number of criteria.

How Long Do Custody Cases Take in CA?

Child custody cases in California can take anywhere from 6 to 18 months to resolve, depending on the case's complexity and how quickly the parties can agree on a settlement. If the parties cannot agree, the case may go to trial, adding several months to the process.

Some of these factors will weigh more heavily than others. The court in Rancho Cucamonga will look for the solution that meets the most of a child’s physical, financial, emotional, and social needs. For example, if a parent is unable to provide rides for a child to get to school or participate in extracurricular activities, it may affect custody alongside quantifiable factors such as income.

The Types of Child Custody in CA

Unlike other states, California courts do not prefer joint custody over sole custody. That means when you bring your case before a California family law judge, there is a higher likelihood that your parenting plan will put the lion’s share of custody rights and legal authority in the hands of an individual parent.

Our Rancho Cucamonga law firm works to tirelessly ensure that your custody plan meets your family's needs and your child's best interest.

Legal Custody vs. Physical Custody

Legal custody is the right to truly “parent” your child, to make decisions with long-lasting ramifications for your child. This includes decisions involving medical care, moving to a new home a significant distance away, changing schools, religious upbringing, or other decision that significantly affect your child’s life. Having joint legal custody will mean having to consult your parenting decisions with your ex-spouse, regardless of with whom your child spends most of his or her time.

Physical custody is also known as “residency,” or the home that your child lives. Physical custody will determine the culture and environment your child spends their time. It will also determine their schooling, community, friendships, and other major parts of their social and emotional life. Joint physical custody is not simply a halfway arrangement between parents, but it does mean that your child spends significant amounts of time living with both parents.

Child Custody Modifications Serving Rancho Cucamonga

Whether you have joint custody and need to make a major life decision that affects your child, or your spouse has primary custody and you want to sue for increased visitation rights, the court in Rancho Cucamonga makes it possible to modify your child custody agreement. However, to do so requires significant changes in circumstances that affect your child's life, environment, or living situation.

Courts will often agree to a modification hearing under the following circumstances:

• Moving of one parent (either further away or closer)
• Change in employment or work schedule
• Sudden change in health for one parent
• A parent is abusing drugs or alcohol
• A parent is engaging in criminal activity
• A child has experienced parental abuse

Whatever modification you bring before the court has to meet three criteria: it has to be a change of circumstances; the change must make the current agreement untenable, and the change must be in the child’s best interests. Having a skilled attorney who is an advocate for you and your child’s rights will allow you to present a strong case for child custody modification.

Choose Attorneys Who Specialize in Family Law

When it comes to the resolution of your case, you can be confident that Quinn & Pulley, APC will tirelessly fight for the optimum outcome. Allowing a judge to decide who gets custody of your child is a lengthy and terrifying risk to take. Securing our assistance may allow you to resolve a wide array of issues outside of the courtroom. Taking this step will allow you to save time you would have spent in court and could result in a better relationship between you and your ex-partner.

When you choose to work with our firm, we will inform you of your rights and legal options, creating a plan to benefit your family today and for years in the future. Our work is designed not only to resolve disputes today but prevent and resolve them for years to come. We understand that you are facing many questions and concerns about your future and the future of your family. Our seasoned legal professionals Serving Rancho Cucamonga will address each of your concerns and answer all of your questions.

What Makes a Parent Unfit in California?

In California, determining whether a parent is unfit involves assessing the parent's ability to provide a safe, stable, and nurturing environment for their child. Various factors are considered in making this determination, focusing on the child's best interests and overall well-being.

Abuse or Neglect: There may be evidence that a parent has abused their child emotionally, physically, or sexually. Neglect, such as failing to provide adequate food, shelter, medical care, or supervision, also falls under this category.

Substance Abuse: Chronic alcohol or drug abuse can impair a parent's ability to care for their child and ensure their safety. If a parent is frequently intoxicated or under the influence, it can lead to dangerous situations for the child.

Mental Health Issues: Untreated or severe mental health conditions can make a parent unfit to care for their children. The court considers whether the parent’s mental health issues pose a risk to the child's safety and well-being.

Domestic Violence: A history of domestic violence, whether directed at the child or another household member, can make a parent unfit. Exposure to violence can have severe psychological effects on a child, making it an important factor in custody decisions.

Incarceration: If a parent is incarcerated, their ability to provide a stable and consistent environment is compromised. The length of the incarceration and the nature of the offense are also considered.

Parental Alienation: Disruptions to the relationship between the child and his or her other parent can result in the child being found unfit. This behavior can negatively impact the child's emotional health.

Ultimately, the court's primary concern is the child's best interests. If a parent is found to be unfit, custody arrangements will be made to ensure the child's safety and stability, often involving placing the child with the other parent or another responsible guardian.

Contact Our Attorneys Serving Rancho Cucamonga Today

At our law firm, we prioritize the best interests of your child. With our extensive experience and knowledge regarding family law, we know how to help you gain custody of your children. We can help you obtain the visitation rights that best suit your lives.