Children Come First

Regardless of how amicable the relationship between parents is, children deserve their parents’ time and attention. It can be difficult to reconcile a co-parenting relationship unless you have an attorney who can provide solutions for children and their parents.

At the Law Offices of David K. Yamamoto, we understand child custody and family law in California, and, as a father-daughter team of lawyers, we understand family. With our over 40 years of combined family law experience and firsthand appreciation of the challenging dynamics between parents and children, we empathize with the struggles facing our clients.

How California Looks At Issues Involving Children

When you and your co-parent work together to craft a parenting plan, the family law court in Los Angeles County generally accepts these decisions. An amicable parenting plan agreement is preferred in all cases. However, when an agreement cannot be reached, the court will step in and make a decision about time-sharing and decision-making authority for your children based on factors that include:

• Stability and continuity
• The emotional well-being of the child and emotional bonds
• The child’s health and if special needs are involved
• The child’s intra-family connections
• The child’s educational needs
• Preference of a child when the child is mature enough to form an intelligent preference

The court will assess the above considerations, along with the other pieces of information, to determine the child’s best interests and make a final determination as to what custody arrangement is best for the child.

Knowing that the court will be acting in the best interests of your child may seem comforting, but in reality, it can be anything but that. Once the case is in the court’s hands, you may lose control of what is going to happen to your children. At the Law Offices of David K. Yamamoto, we can help you retain control of what is to come by providing tools and options to reach a parenting plan that works for your children. We are strong proponents of mediation and collaborative family law to resolve issues relating to parenting time and parenting schedules.

Child Custody FAQs

Child custody is a sensitive matter that should be handled with care. Below, we have answered some of the commonly asked questions by clients.

What are the types of custody in California?

In California, child custody falls into two main categories:

• Legal custody: This refers to a parent’s right to make important decisions for the child, such as choices about education, health care and religious upbringing.
• Physical custody: It determines where the child lives and parents provide day-to-day care.

What is a parenting plan?

A parenting plan outlines how separated or divorced parents will share custody and visitation, also known as parenting time. This document helps reduce conflict and provides structure for both parents and children. A typical parenting plan includes:

• A weekly visitation schedule, such as alternating weekends or weekdays
• Holiday and vacation arrangements
• How parents will handle changes or disputes
• Provisions for transportation and communication

Courts may require a proposed parenting plan during custody proceedings.

Can a parent move away with the child in California?

Parental relocation, which involves moving away with the child, can be complicated under California law. However, the rules vary depending on the existing custody order.

• If one parent has primary physical custody, they have the right to move, but the other parent can contest the move in court if the move is detrimental to the child.
• If the parents share joint physical custody, the relocating parent must get permission from the other parent. If the other parent does not consent, then the court will decide which parent will have primary custody.

The court will consider factors such as the reason for the move, the distance and how it will affect the child’s relationship with the other parent. If contested, a judge will decide whether the move is in the child’s best interest.

Do I need a lawyer for a child custody case in California?

While it is possible to represent yourself, hiring a child custody lawyer in California is highly recommended. Custody cases involve complex legal and emotional issues, and a skilled attorney can:

• Protect your rights as a parent
• Help draft or review parenting plans
• Represent you during mediation or in court
• Help ensure your child’s best interests are prioritized

Whether you seek custody, modify an order or face relocation issues, we can provide legal guidance for the best possible outcome.

How We Help Preserve Your Voice In Custody Discussions

There are only a few scenarios in which the court will act unilaterally and independently of the parents, such as in cases of abuse or neglect. The court will also get involved if the parents cannot come to an agreement on their own. We will work hard to build practical, working solutions that will keep you involved in what goes on in your child’s life, whether outside of court or in a courtroom environment.

Our compassion and considerable experience make an impact on clients who simply want to be the parents that their kids deserve. You have options. Call us today at 310-905-6463 or send us an email to find out how we can help you.