Child Custody

Santa Barbara Child Custody Attorney

With So Much at Stake, Choose Our Experienced Child Custody LawyersWoman holding child

If someone is fighting you over custody of your children, especially during a divorce, there might be more at stake than you realize.

In California, child custody is split into two categories: legal and physical custody.

The consequences of losing – or maintaining – these types of custody, either wholly or partially, can radically impact the future of your relationship with your child.

At Morales Law, our Santa Barbara child custody attorney can help you fight to keep your role as a parent intact.

Should I Hire A Lawyer For Child Custody?

You should hire a lawyer for child custody for specific circumstances that need legal counsel. A child custody lawyer can also become an essential advocate, especially if your circumstances are complicated or include abuse in any matter.

Having a lawyer can affect the outcome of your custody battle.

You need to have a family law attorney who knows how the family court serving Santa Barbara County works and can carefully navigate obstacles with you.

Contact our family law firm today at (805) 422-7966 to learn more about how we can help you with your children. Your initial consultation is free!

Different Types of Custody in Santa Barbara

Legal custody over children allows the parent who has it to make important decisions for their children.

Such decisions can involve schooling, healthcare, or other welfare choices.

Parents with joint legal custody aren’t expected to agree on every decision involving a child’s life, but it’s advised they work together as best as possible to avoid the courtroom over the issue.

Physical custody over children determines with whom a they decide to live. Some might assume joint physical custody implies an even split of time spent between parents, but this is not always the case.

Splitting a child’s time evenly between parents can be impractical due to work schedules, school hours, and other facets of everyday life.

When a parent has their children for less than half of the time, it’s legally deemed visitation.

In Santa Barbara CA, visitation is ordered with a child’s best interest in mind – not yours or anyone else’s.

Sometimes this means parents can work out reasonable, open-ended, and flexible visitation plans, or adhere to a set visitation schedule.

Supervised visits with the other parent, another adult, or a representative of a third-party agency may be required.

In custody cases where it’s judged that a parent is likely to have a physically or emotionally harmful impact upon their children, visitation can be revoked.

What Matters Most in a Child Custody Case

When it comes to giving someone custody of children, judges are required to decide in the child’s best interest.

What this means is that a Santa Barbara judge can put your entire daily life under a microscope, so to speak, in order to determine how well your children will thrive in your care. This process can be frustrating or even anger-inducing, but that’s why it’s important to remain calm and let your family law attorney guide you through the process.

Do your best to appreciate that everything is happening for the benefit of your children, even if it doesn’t always feel like it.

When judging custody, a judge can consider the following:

  • Children’s age
  • Children’s health
  • Children’s relationship with each parent
  • Parents’ ability to care for the children
  • History of domestic violence or substance abuse
  • Children’s ties to their home, school, and community
  • The health, safety, and welfare of the children

How is child custody determined?

There are a wide range of factors that the courts will consider when determining the outcome in any child custody case.

The court in Santa Barbara will take factors into account such as each parents’ ability to care for the children, the parents' living situations, and any criminal history, as well as the health, safety, and welfare of the children.

After all factors have been considered, the court will decide physical custody, which determines who the children should live with, and legal custody, which determines who can legally make decisions for the children.

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