Davis Child Custody Attorney Representing Northern California
- Pakpour Banks is based in Davis, CA, and is proudly serving Davis, Woodland, Sacramento, West Sacramento, Vacaville, Dixon, Fairfield, Roseville, Elk Grove, and surrounding areas.
- Our team has been successfully representing cases in Yolo County, Sacramento County, Solano County, Placer County, Colusa County, El Dorado County, and Yuba County.
- Our Davis office is at 1712 Picasso Avenue, Suite B, and we handle custody cases in the family courts of Yolo, Sacramento, Solano, Placer, El Dorado, Colusa, and Yuba Counties.
Pakpour Banks LLP provides legal services to individuals involved in child support and custody disputes.
Child custody disputes are without a doubt the most emotionally difficult exercises family legal practitioners and family law litigants experience. Our relationships with our children are the most fundamental bonds we have. To place those bonds in the hands of a neutral third party and hope the outcome is positive can feel like gambling with one’s own identity.
To ensure your rights and your child’s best interests are protected during this process, it’s wise to consult with a family lawyer. A skilled Northern California child custody attorney can provide much-needed legal guidance and emotional support to parents wherever they are in the custody process.
Here, we’ll break down how child custody cases work in Northern California, describe how to file for custody, and explain how to get help changing a custody order.
Your Child’s Stability Matters
Custody Worries Do Not Have to Keep You Up at Night.
Not knowing where your child will live or how big decisions will be made is stressful for any parent. Pakpour Banks LLP can explain your options, help you prepare, and support you through each step. Schedule a consultation and talk about what is best for your child.
Schedule a Consultation
TWO KINDS OF CHILD CUSTODY ORDERS
There are two categories of custody, both of which must be decided: legal custody, and physical custody.
Legal Custody
Legal custody determines which parent will make decisions involving the children’s health, safety, welfare, and education. This includes decisions about where a child will go to school, where and whether a child will engage in religious activities, and whether a child should receive medical care.
Joint legal custody means that both parents share in these decisions. Sole legal custody means that only one parent has the right to make these decisions, and may make such decisions without getting the other parent’s input.
Physical Custody
Physical custody refers to where a child will live after a divorce or separation. Sole physical custody means that a child resides with one parent, subject to the court’s authority to order visitation time with the other parent. If a child lives exclusively or primarily with one parent, that parent is usually referred to as the “custodial” or “residential” parent. The other parent is considered the “non-custodial” or “non-residential” parent and typically has visitation rights.
Joint physical custody means that both parents have significant periods of physical custody. If a child’s time is divided equally between the parents, or close to equally, the parents are sharing joint physical custody. Sole physical custody means that a child resides with one parent, subject to the court’s authority to order visitation time with the other parent.
In order to request a child custody order from the court, you must have already started a family law case. That typically means you are in the middle of a divorce, already completed a divorce, or were never married to the other parent, so you have commenced a parentage action. If you have done none of these, then you must start a family law case.
Filing for Child Custody in Northern California
There are several steps involved in getting a custody order from a court. Because each situation is unique, no two families will follow the same process. The specific forms and documentation involved depend on the details of your case. It’s important to consult with a family attorney before you begin the filing process. A lawyer can help you navigate the complex process and understand how to address any special circumstances in your case.
Open a Family Court Case
First, you will need to open a case in Northern California family court. Custody orders are commonly initiated by divorce, separation, or parentage actions. If you aren’t married and parentage has already been established, then you can file a Petition for Custody and Support to have a court enter a custody order.
When you have the appropriate form, fill it out and describe in detail the kind of custody arrangement you want. Be sure to explain why this scenario is the best one for your child’s interests. If you have any factual evidence or documents to support your position, you can attach them to the form.
Make two copies of the completed form and any attachments, and take them to the county courthouse. After you pay a filing fee, the court clerk will stamp your forms and give the copies back to you. You should check and see if your local court will permit you to file the forms electronically, saving you a trip to the courthouse.
However, when the parties can’t agree on custody arrangements, a court will decide for them at their hearing. In any custody case, the final arrangement aims to serve the best interest of the child. A judge considers several factors when determining what’s in your child’s best interest, including:
- Your child’s age, health, and safety;
- Your and the other parent’s ability to care for the child;
- The emotional bond you and the other parent have with the child; and
- Any history of violence or substance abuse by either parent.
Come ready to explain why your desired arrangement is in your child’s best interest. A judge may ask you questions about your home environment, your job, how you’ll support your child in school, and who will care for them when you’re working.
Be prepared to provide evidence to back up your case, such as school reports, medical records, and documentation of a spouse’s past abuse. A Northern California child custody attorney can help you collect the evidence most relevant to your case.
Serve Papers on the Other Parent
The law requires that you alert the other parent in a custody case about the upcoming hearing. You do this by serving them a copy of the request for orders. California law has specific rules about how papers can be served. Make sure that you follow them closely, or better yet, contact an attorney to assist you.
Once the papers are served, file the form confirming service, “proof of service,” with the court.
Prepare for Your Hearing
What happens next will depend on your situation.
Many parents go to court-ordered mediation before their court date. In mediation, the parents have a chance to sit down with a neutral third party and work out a custody plan. If the parents agree on detailed arrangements for legal and physical custody, then it’s likely that a judge will approve it. When a separation is amicable, some parents can do this even without mediation.
Custody Mediation in Northern California Counties
When parents disagree about custody or visitation, California law generally requires them to attend mediation before a judge decides the issue (Family Code § 3170). Each county runs its own program, and the process differs from court to court.
Yolo County: Family Court Services, 1000 Main Street, 2nd Floor, Woodland, CA 95695, 530 406-6720. Yolo calls its program Child Custody Recommending Counseling. Each parent must first complete a free online orientation, available in English and Spanish, before an appointment can be scheduled.
Sacramento County: Family Court Services is on the first floor of the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road, Sacramento. Parents meet with a Child Custody Recommending Counselor, and if they cannot agree, the counselor makes a recommendation to the court. Sacramento also allows parents to petition for a separate confidential mediation in which no recommendation is made to the court.
Solano County: Family Court Services mediation is at the Hall of Justice, 600 Union Avenue, Fairfield, CA 94533.
Placer County: Placer Superior Court has Family Court Services and also allows a parent to petition for a private Child Custody Recommending Counselor to be appointed, with the requesting parent advancing the cost, subject to the court’s authority to order reimbursement.
El Dorado County: Child Custody Recommending Counseling appointments are held in Placerville and South Lake Tahoe. A parent who cannot attend in person can ask the court’s approval to appear by telephone.
Colusa County: Colusa Superior Court uses a Court Mediator. An appointment is required, and a Child Custody Mediation Intake Form must be submitted first. The judge will not decide custody or visitation until the parents have met with the mediator.
Yuba County: Family Court Services, 215 Fifth Street, Suite 318, Marysville, CA 95901, 530 740-1850. Parents complete an online orientation before attending Child Custody Recommending Counseling.
Because a counselor’s recommendation can influence what the judge orders, how you prepare for this session matters. For court addresses and free self-help centers in each county, see our Northern California family law page.
Modifying Child Custody Orders
Over time, children change and grow, and families’ circumstances often change. This means that a court’s child custody orders can also change and grow. Reasons to change a child custody order might include:
- A parent’s new job,
- New medical needs of the child,
- An incident of abuse in the child’s current household,
- A parent’s need to move, or
- Changing educational or extracurricular needs of the child.
This list is not exhaustive. There can be many reasons to seek a change in custody orders.
If parents agree on the terms for a new order, sometimes they can change the terms of custody or visitation by renegotiating their parenting agreement. Otherwise, a parent needing a change has to petition the court for relief. When you petition the court for this change, you’re asking for “modification” of a custody order.
Petitioning the Court to Change a Custody Order
You can have the family court change orders regarding the custody of your child if you can prove two things:
- There has been a significant change in circumstances since the last custody order; and
- A change to the custody order is in the best interest of the child.
It’s best to have a proposal for how to change the orders ready and written for the judge to review. The more reasonable a solution you can provide to a judge before they make their decision, the higher the likelihood of getting the change you need to keep your family unit strong. Our skilled Northern California child custody attorney can help you develop effective solutions before you head to court.
Changing a Custody Order When a Parent Needs to Relocate
Sometimes you and your family unit can achieve the most positive growth with a relocation. The steps you need to take to legally relocate with your child depend on the nature of your custody orders and the feelings of the other parent. If you can, it’s typically best to get the other parent to agree to your relocation. However, we realize that a relocation agreement is often a tall order when you and your child’s other parent are no longer together.
Relocating when you have sole physical custody
In general, you have the freedom to relocate with your child if you have sole physical custody over them. But if your child’s other parent doesn’t agree with the relocation and can prove that relocation would harm your child, you will have to stay in your current location or risk losing custody.
Remember, the burden is on the other parent to prove that your move is harmful. Depending on your case, you might have to give the other parent at least 45 days’ notice before you move. The purpose of this notice is to allow for mediation regarding the move or negotiation of a new parenting agreement.
Relocating when you have joint legal custody
If you have joint physical custody of your child and the other parent doesn’t agree to your move, the burden is on you to prove that your move is in the best interest of the child.
Child custody is an extremely sensitive and difficult topic. It’s usually in your best interest to get attorney advice before attempting to change a custody order.
California Child Custody Questions, Answered
Legal custody is the right to make major decisions about a child’s health, education, and welfare. Physical custody is where the child lives. Either one can be joint or sole. Joint physical custody means each parent has significant periods of physical custody, though not necessarily equal time (Fam. Code §§ 3003, 3004).
You need an open family law case, such as a divorce, separation, or parentage action, and then you file a request for custody orders with the superior court in your county. Unmarried parents can use a Petition for Custody and Support once parentage is established. Check your local court, such as Yolo or Sacramento, for filing and e-filing rules.
You must give the other parent a copy of your request for orders using a method California’s service rules allow, and then file a proof of service with the court. Mistakes with service can delay your hearing, so follow the court’s instructions carefully or have an attorney handle it for you.
The judge decides based on the child’s best interest, with health, safety, and welfare as the primary concern (Fam. Code §§ 3011, 3020). California sets no presumption for joint or sole custody (§ 3040). The court weighs factors such as abuse history, substance abuse, and which parent is more likely to support the child’s contact with the other.
Mediation gives parents a chance to work out a parenting plan with a neutral mediator before a judge decides. California courts generally set contested custody and visitation issues for mediation (Fam. Code § 3170), and a judge is likely to approve a plan you both agree on. Cases involving domestic violence follow a separate process.
Evidence that shows what is best for your child helps most, such as school reports, medical records, and documentation of any past abuse. Judges may also ask about your home environment, work schedule, support for your child’s schooling, and childcare plans. Organize your records early and keep your presentation focused on your child.
Yes. Both are best-interest factors. California courts consider a history of abuse and any substance abuse by a parent (Fam. Code § 3011), and the policy favoring contact with both parents yields to the child’s health and safety (§ 3020). If safety is a concern, tell your attorney right away.
No. California law says a parent’s immigration status cannot disqualify that parent from being awarded custody (Fam. Code § 3040). The court decides custody based on the child’s best interest. Speak with an attorney about how to protect your rights and your child’s stability while your case moves forward.
Yes. If you and the other parent agree, you can ask the court to approve a new order. If you do not agree, you generally must show a significant change in circumstances and that the change serves your child’s best interest. Examples include a new job, new medical needs, or a relocation. Follow the current order until the court changes it.
It depends on your orders and custody arrangement. A custody order may require about 45 days’ notice of a move where feasible (Fam. Code § 3024), and if the other parent objects, the court can decide whether the move serves your child’s best interest. Get legal advice before relocating, because a move can affect custody.
Brian Pakpour: How Our Northern California Child Custody Lawyer Can Help
As a husband and father, Brian Pakpour understands intimately how agonizing custody disputes can be for families. Over a decade ago, he was driven to pursue a legal career by the desire to transform how family law was practiced. Now, as an award-winning family advocate, Brian is dedicated to providing caring, personalized legal support that stands out from other child custody lawyers in Northern California.
No matter what stage of the custody process you’re in, Brian’s compassion and knowledge can ease the stress of navigating the legal system. If you’re considering going through a divorce, he can help you understand the process, your rights, and your options.
When life circumstances change, Brian can assist you with changing a custody order. And if disputes arise between you and your spouse, he can advocate for you and your parenting rights in court.
Make a Decision That’s in Your Family’s Best Interest by Hiring an Attorney
Our Davis child custody lawyers at Pakpour Banks LLP can advocate for your parenting rights with the utmost care and skill. Not only do we have the legal prowess and compassion to properly handle sensitive family law situations, but we also work hard to minimize cost and conflict in our clients’ cases. Our Davis child custody attorneys are about maintaining great relationships with our clients to help them win the best outcomes. Don’t hesitate to contact our lawyers online or call us if you need help.