Fresno Child Custody Attorney

Helping You & Your Family Find the Right Solution

When a couple with children divorces or separates, the matter of child custody can be one of the most emotionally charged and contentious issues they face. It is always in the best interests of the parents and children to determine a custody arrangement that works for everyone. However, when parents are unable to agree on their own, it may be necessary to turn to the family law courts to make a determination.

At the Law Office of Martin H. Gamulin, our Fresno child custody lawyer is here to help you navigate the legal system and protect your rights as a parent. Backed by nearly a decade of legal experience, Attorney Martin H. Gamulin offers compassionate and personalized legal counsel to clients throughout the area. We understand the many nuances of California family law, and we can help you make well-informed decisions about the future of your family.

For a confidential case evaluation, call us at (559) 934-5405 or contact us online today to speak with our Fresno child custody attorney.

How Is Child Custody Determined in California?

In California, couples getting a divorce are required to determine a child custody agreement before the dissolution of their marriage can be finalized. If they are unable to agree on their own, the court will intervene and make a determination.

California courts consider the following factors when making child custody determinations:

• The child's age
• Each parent's physical and mental health
• Each parent's ability to provide for the child's needs
• The child's ties to each parent
• Each parent's ability to co-parent and work together
• Any history of domestic violence or abuse
• The child's ties to his or her school, community, and home
• The child's preference, if he or she is old enough to make a reasonable decision

It is important to remember that California courts make custody determinations based on what is in the best interests of the child, not the parents. In most cases, the court will determine that a child's best interests are served by having a continuing and ongoing relationship with both parents.

What Is the Difference Between Legal & Physical Custody?

When making a child custody determination, the court will consider both legal and physical custody. It is important to understand the difference between these two types of custody.

Legal custody refers to a parent's right to make important decisions about the child's life, including:

• Where the child will go to school
• What type of medical care the child will receive
• Whether the child will receive religious instruction
• Legal custody can be either “sole” or “joint.” When a parent has sole legal custody, he or she has the sole right to make these types of decisions for the child. When parents have joint legal custody, they must work together to make these types of decisions.
• Physical custody refers to where the child will live on a day-to-day basis. Physical custody can be either “sole” or “joint.” When a parent has sole physical custody, the child lives with that parent and that parent alone. When parents have joint physical custody, the child spends a significant amount of time living with each parent.

It is important to note that, even if one parent has sole physical custody, the other parent may still have visitation rights. This is true even if the other parent is granted no physical custody at all.

How Long Does It Take to Get Child Custody in California?

The length of time it takes to get a child custody order in California can vary depending on a number of factors. In some cases, parents are able to agree on a custody arrangement on their own and submit that arrangement to the court for approval. When this happens, the court will typically approve the agreement as long as it is in the best interests of the child. This process can take as little as a few weeks.

In other cases, parents are unable to agree on their own and must turn to the court for a determination. When this happens, the process will take longer. Typically, the court will order the parents to attend mediation to try to work out a custody agreement. When mediation is unsuccessful, the case will go to court. In these situations, the process can take several months or even longer.

What Is the Most Common Child Custody Arrangement?

There is no “one-size-fits-all” child custody arrangement that works for all families. The right custody arrangement for your family will depend on your unique circumstances. However, many parents are able to work out a joint legal and joint physical custody arrangement that works for everyone. In these situations, the child has a continuing and ongoing relationship with both parents and both parents are able to make important decisions about the child's life. When parents are able to work together and cooperate, joint custody can be the best option.

Can a Parent Get Full Custody in California?

Yes, in California, a parent can get full custody of a child. However, this is relatively rare. In most cases, the court will determine that a child's best interests are served by having a continuing and ongoing relationship with both parents. As such, the court will generally award at least partial custody to each parent.

That said, a court may determine that it is not in the best interests of the child to have a relationship with one parent. In these situations, the court may award full custody to the other parent. This is typically only done in cases involving:

• Abuse or neglect – If a parent has a history of abusing or neglecting a child, the court may determine that it is not in the child's best interests to have a relationship with that parent. In these situations, the court may award full custody to the other parent. Note that, in cases involving abuse, the court may also decide that it is unsafe for the child to have any form of contact with the abusive parent. In these situations, the court may award full custody to the other parent and terminate the parental rights of the abusive parent.
• Substance abuse – If a parent has a history of substance abuse, the court may determine that it is not in the child's best interests to have a relationship with that parent. In these situations, the court may award full custody to the other parent. Note that, in some cases, the court may be willing to award full custody to the other parent if the parent with the substance abuse issue is willing to get help and has a plan in place for maintaining their sobriety.

If you believe that it is not in the best interests of your child to have a relationship with their other parent, it is important to discuss the matter with a qualified child custody attorney in Fresno. At the Law Office of Martin H. Gamulin, we can help you understand your rights and options and fight for the best interests of your child.

Can a Parent With a Criminal Record Get Custody in California?

Yes, a parent with a criminal record can get custody in California. However, the court will consider the parent's criminal record when making a custody determination. If the parent has a history of violent crimes, abuse, or neglect, the court may determine that it is not in the best interests of the child to have a relationship with that parent and may award full custody to the other parent.

If you have a criminal record and are worried about how it may impact your child custody case, it is important to discuss the matter with a qualified child custody lawyer in Fresno. At the Law Office of Martin H. Gamulin, we can help you understand your rights and options and fight for the best interests of your child.

Contact Our Firm Today

If you are facing a child custody dispute, it is important to remember that you do not have to navigate the legal process on your own. At the Law Office of Martin H. Gamulin, we can help you understand your rights and options and work to protect your interests. Our Fresno child custody lawyer is available to answer your questions and address your concerns. We offer legal services in both English and Spanish.

Call the Law Office of Martin H. Gamulin at (559) 934-5405 or contact us online today to schedule a case evaluation with our child custody attorney in Fresno.