Child Custody Lawyers | Silva & associates
Quick answer
How is child custody decided in Alameda County?
California judges decide custody based on the best interests of the child, looking at health, safety and welfare, any history of abuse, and the child's relationship with each parent. When parents in Alameda County cannot agree, they meet with a Family Court Services child custody recommending counselor, who can make a recommendation to the judge. Most Alameda County family law cases are heard at the Hayward Hall of Justice.
Good child custody lawyers will always put the child’s best interest at hand first. Complicated custody cases often involve a parent with poor mental health, alienation by one parent against the other, abuse, or addiction. When one parent wants to move out of state, or the children have special needs, figuring out what is best for the children becomes even more complicated and requires a child custody lawyer working for the best interests of the child.
When can you get child custody orders?
You can get custody orders as soon as the parents are no longer living together after the divorce or paternity action has been filed. Child custody orders can either be temporary (intended for only a certain period of time) and modified at any time, or more permanent, which require a change of circumstances or other factors to modify the order with the guidance of a child custody lawyer
We work with therapists and other experts to make sure that your concerns are heard, and your relationship with your children is as strong as possible. Our East Bay team of child custody lawyers can help you develop a plan and help you put the right foundation in place so you can avoid future conflict and litigation.
Who will get custody of the children?
The court prefers for parents to create their own plan for custody. If both parents cannot agree on a plan, the court will try to determine what is in the best interest of the child. This determination is not based on who is the “better parent,” but rather on which parent is best able to care for the child, encourage continuing contact and visitation with the other parent, and other factors, such as a history of abuse or addiction. There is no set custody plan that the court implements – neither parent is given priority for custody (for example, mothers do not automatically get more time than fathers). Rather, the court encourages an equal share of time between both parents, if possible.
Grandparents also have rights to see their grandchildren that can be enforced under certain situations. We can help you understand your rights if your ability to see your grandchildren has been terminated.
How to Prepare for Your First Meeting with our child custody lawyers
We will need different information for different cases. Below is a simple outline for what you should bring to make the first meeting with your child custody lawyer as productive as possible.
- Make a list of specific questions you want answered or issues that are most troubling to you.
- The current custody and child support arrangement, if any, or an idea of how you would like the children to spend time with each parent.
- Any documents that have been filed with the court, particularly the most recent custody orders. However, if the case has been going on for a while, we don’t need the last few years of documents, only the most recent documents or any pending actions.
- Any reports that have been done by or for Family Court Services, private therapists, IEPs and supporting documents, custody evaluation, etc.
Common questions about child custody in Alameda County
What is the difference between legal and physical custody?
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 can be joint or sole, and parents often share legal custody even when the child lives mostly with one parent.
Do we have to meet with a counselor before a custody hearing?
Yes. California requires parents who disagree about custody or visitation to meet with a court counselor before the judge decides. In Alameda County this is child custody recommending counseling, so what you say can shape the counselor's report to the court. Preparing for that session matters.
Can my child choose which parent to live with?
There is no age at which a child decides. If a child is 14 or older and wants to address the court, the judge generally must allow it unless that is not in the child's best interest, and the court can hear from younger children too. The judge still makes the final decision.
Can a custody order be changed later?
Yes. Custody orders can be modified when there is a significant change in circumstances, such as a move, a change in a parent's schedule or concerns about a child's safety. A parent who wants to move away with a child generally needs the other parent's agreement or a court order first.
This is general information about California family law, not legal advice for your situation. Every case is different, so please talk with an attorney about your specific facts.
