Child Custody
At the Law Office of Earl Robertson III, we know that Child Custody is arguably the most intense and complicated area of family law in State of California. We remain on the cutting-edge of child custody disputes. Earl Robertson III is an experienced family law attorney. He is a polished litigator and trial attorney who is quite comfortable in the courtroom, as well as, at the mediation/negotiation table. The Law Office of Earl Robertson III can help you with every aspect of child custody, parenting time and contact arrangements.
Best Interests of the Child
In the State of California, there is one rule of law that governs all others when it comes to Child Custody. When addressing child custody issues, the California legislature has made it the primary concern of the Court to do that which is in the best interest of minor child or children; taking into account their health, safety and welfare.
Co-Parenting
In the State of California, the Legislature has determined it to be in the best interest of the child to have frequent and continuous contact with both parents and having both parents share in the decision-making process for their health, welfare and overall upbringing.
Changing Custody Orders
To change an existing custody order, you must show the court that there has been a significant change in circumstances. The judge will then consider whether a change in child custody will be in the best interest of the child. Because child custody orders are notoriously difficult to amend, it makes sense to have the assistance and expertise of a law office that can anticipate issues before they arise and incorporate solutions that will provide you the best opportunity to obtain the custody orders you desire. At the Law Office of Earl Robertson III, we know how to make the nuanced arguments that are necessary and give our clients the best opportunity to get the outcome they desire.
Child Abduction/Denial of Visitation
A parent does not have the unilateral right to deny contact with the other parent or to remove the child to another location. If someone maliciously takes a child away from his/her parent or legal guardian when they have no right to do so, that is considered an unlawful child abduction. If the other parent has abducted your child, law enforcement will seek his or her safe return.
If a parent is being denied visitation that was granted to him/her by the court, and it can be shown that the denial from the other custodial parent is willful and intentional, that person can seek a remedy from the family law court or justice from the criminal court. The parent being denied visitation can seek a contempt order from the family law court, which is a civil action. Our law office can assist you with that. The District Attorney could also file a criminal action against the parent denying visitation Under PC 278.5. Any person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, can be punished by imprisonment in a county jail.
MOVE-AWAY CASES
At the Law Office of Earl Robertson III, we understand that life is not static; thus, situations may arise post-separation that require you to change your geographic location. When relationships end, sometimes people need a fresh start in a new place. Or, perhaps employment opportunities may require someone to relocate to another county or state. In such cases, a change in child custody will likely become necessary. Whether you are the parent requesting the move or contesting the move, you need the assistance of a quality attorney. Move-away cases are very complex and require the competency and skill of an attorney who can make the nuanced arguments and present the appropriate case law before the court to put you in the best possible position to get the outcome you desire. If you are requesting a move to a geographic location that is a considerable distance away from the other custodial parent and you would like your child or children to accompany you, it is imperative that you get consult an attorney. If you are trying to prevent a custodial parent from moving far away with your child or children, it is imperative that you also seek the advice and/or representation of counsel. Please do not try to handle this without the assistance of legal counsel. There is simply too much at stake.
CONTACT OUR LAW OFFICE TO FIND OUT HOW WE CAN ASSIST YOU
To learn more, contact us using the form below or at 951-977-9828 to schedule a free consultation. Spanish translation services are available.