Child Custody and Visitation

In our experience, one of the most difficult issues for divorcing or separating parents to address is the question of which parent will have custody of the children. These can be emotionally charged issues, and the Stockdale Law Firm, Inc. Team in El Dorado Hills can help you and your spouse facilitate agreements regarding custody and visitation. We have found that it is a great benefit to both parents and the best interests of the children to develop a parenting plan outside the court rather than ask a judge to determine what custody and visitation plan is best for you and your family.

If you are not able to reach agreements, we can help you pursue your custody and visitation matter in court. In California, there are two types of custody: “physical custody” and “legal custody.” In the majority of cases it is appropriate that both parents share “joint legal custody,” meaning that both parents share in the decision-making regarding the child’s health, welfare, lifestyle, education, medical care, and well-being.

“Physical custody” refers to the where the children primarily reside. If both parents are involved in the day-to-day care of the children, they will likely share “joint physical custody.” In other cases, where the children will primarily live with one parent, that “primary” parent will be given sole physical custody and the other parent will have visitation rights. In some cases, it is fine to simply have a “reasonable” visitation schedule, which allows parents to work out the visitation among themselves without a detailed schedule. There are times, however, when it is necessary to establish a detailed visitation schedule that includes the times and places for visitation.

Sometimes emergency situations arise, such as child abuse, domestic violence or drug or alcohol problems, or when one parent interferes with the other parent’s child custody or visitation rights. When this happens, parents may be able to request an emergency hearing process that will result in immediate temporary orders.

Whether you wish to work out a parenting agreement, or if you need to pursue regular or emergency litigation, our Firm can represent you to advocate for your rights.

Modifying Child Custody and Visitation Orders

You can modify an existing child custody and visitation order if there has been a significant change in circumstances since the last court order and the modification will be beneficial to the children.

Our Law Firm will help you with your request for modification of child custody and/or visitation. We can also take all legal actions necessary to enforce an existing order if the other parent does not comply with the terms of the custody or visitation order.

Move Away Cases

These are some of the most difficult cases in family law, and our Firm has handled many “Move Away” cases including trials. In the event that the custodial parent wishes to move away with the children, there will be a court hearing and/or trial to determine whether the move is the right decision for the kids. Depending upon the location of the move, the outcome of this decision is very important, as it could affect the amount of time the children are able to spend with the non-custodial parent.

Our firm has helped clients pursue Move Away orders and we have helped clients defend Move Away actions.

If you would like to schedule an initial consultation with one of our Firm’s attorneys to learn how we can help you with your child custody or visitation matter, please complete this online request form.

El Dorado Hills Office

3840 El Dorado Hills Blvd.
Suite 301
El Dorado Hills, CA 95762-4567

Phone: (916) 933-5545
Fax: (916) 933-9833

Email: info@stockdalelawfirm.com

Roseville Office

915 Highland Pointe Drive
Suite 250
Roseville, CA 95678

Phone: (916) 724-5400
Fax: (916) 933-9833

Email: info@stockdalelawfirm.com

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