Child Custody & Visitation

Child custody and visitation may be an issue in a divorce case, a
domestic violence case, a paternity case, a case brought by the district
attorney to enforce child support obligations, a guardianship case, or a
juvenile court dependency case.

    In a divorce case, domestic violence case, district attorney’s support
enforcement case, or paternity case, if custody and visitation are issues
and the parents do not agree, they are required by law to attend
orientation and mediation sessions at Family Court Services, an agency
which is an adjunct of the family court. Discord between the parents creates
very serious problems for their children, and it is therefore the goal of
California’s family law to help the parents minimize the impact of their
separation and divorce on the children by helping them work together
as parents even while they are disagreeing on everything else.
The law assumes that the child is best served by spending a lot of time
with each parent; that means substantial “visitation” time with the parent
who does not have primary physical custody. (There is an obvious exception, of course, if one parent is seriously abusing a child, sexually or otherwise.)

    In a guardianship case, the question is whether someone who is not a
parent should have custody of the child. (Guardianship of the minor’s
person involves custody; guardianship of the minor’s estate involves
money.) It is handled by the Probate Court, not the family court.
In a juvenile dependency case, the question is whether the child should
be removed from the custody of the parent or parents and placed with a
relative caretaker or a foster parent because the parents are abusing or
endangering the child. In the most serious cases, where reunification
of the family cannot be accomplished within a twelve or eighteen month
period, the children are permanently removed by the court and placed for
adoption or consigned to long-term foster care. These cases are handled
by the Juvenile Court.

    I represent fathers, mothers, grandparents, and children, in all of the
various kinds of court cases in which custody, visitation, or removal
from the home are issues. I will be happy to discuss your situation
with you and explain any rights and obligations you may have. I will
also discuss with you the potential cost of legal representation.

-Thomas Roland
tomroland@tomroland.com
(510) 841-1500
(510) 217-3589 Fax

(510) 708-7303 Cell