Your Guide Through Challenging Times

Frequently Asked Questions About Parenting Time And Child Custody

When you have questions about how child custody and parenting time are handled in California, we have answers. Our family law legal team at Klausner | Johnson LLP is here to help you understand the laws, your rights and how to protect your time with your child. Please read through the following frequently asked questions for more information, and then get in touch with our firm to get started. Call 949-220-1500 or email us.

Do I need an attorney in child custody and parenting time cases?

You are not required to have a lawyer in a parenting time case. However, it is extremely beneficial to have one on your side, especially in high-conflict cases. Your lawyer at our firm can help you navigate the often-complicated child custody laws in California and see that your rights are preserved while keeping the best interests of your child in mind. We work to ensure that there are no mistakes made that leave you missing out on time with your children.

I’m not married. How do I handle child custody with the other parent of my child?

Child custody is handled the same way, whether parents are divorcing or they were never married. Your attorney can help you gather all the documents necessary to support your claim for parenting time and any other information needed, such as parentage. Then you can proceed with the process of having a formal parenting time order approved and entered by the court.

What types of custody are there?

Below are the types of custody that are common in California. The terms are often combined, such as joint physical custody or sole legal custody. We can meet with you to discuss which type of parenting time is best for you and is in your child’s best interests.

  • Joint: This means that both parents share the children.
  • Sole: In a sole situation, one parent has the child and the other may or may not have visitation rights.
  • Legal: Legal custody determines who has decision-making control for the children.
  • Physical: The parent with whom the child resides has physical custody.

My spouse is fighting me over child custody. What do I do?

In cases where parents are arguing over the custody of the child, it is best to let your lawyer handle the details. It is never a good idea for parents to argue in front of the child or to attempt to sway a child into wanting to go with one parent or the other. Maintaining a neutral stance and being loving and supportive to the child is best while your attorney handles the legal details.

Does child support depend on child custody?

While the time that is spent with each parent is taken into consideration when determining child support, there are many other factors considered. For example, if one parent has sole custody, that does not automatically mean that their child support will be increased. Since this is the case, a parent should not pursue sole custody just because they may think that will mean increased child support.