Best Child Custody Lawyers in Burlingame

About Child Custody Law in Burlingame, United States

Child custody law in Burlingame, California, outlines the rights and responsibilities parents have regarding the care, upbringing, and decision-making for their children after separation or divorce. The primary focus of the courts is always the best interests of the child. Custody types break down into legal custody, which involves decision-making for the child's welfare, and physical custody, which determines where the child will live. Parents may share joint custody, or one parent may have sole custody, depending on the circumstances.

Why You May Need a Lawyer

Legal issues surrounding child custody can be complex and emotionally challenging. People often need a child custody lawyer in situations such as:

• Disputes over who should have custody or visitation rights
• Concerns about a child's safety and requests for supervised visitation
• Requests to relocate with a child, which can impact visitation and custody
• Modifying existing custody or visitation orders
• Issues involving allegations of abuse or neglect
• Interstate or international custody concerns
• Difficulties communicating or negotiating with the other parent

An experienced attorney can help advocate for your rights, mediate disputes, ensure paperwork is correctly filed, and guide you through local rules and procedures.

Local Laws Overview

Burlingame follows California state laws concerning child custody, as found in the California Family Code. Key aspects include:

• Best Interest of the Child: The court considers the health, safety, and welfare of the child as the highest priority. Factors such as the child's age, emotional ties to each parent, history of abuse, and the parent's ability to care for the child are evaluated.
• Joint Custody Preference: California courts typically favor arrangements where both parents share legal and physical custody, as long as it serves the child's best interests.
• Parental Rights: Noncustodial parents have the right to reasonable visitation unless it would be detrimental to the child.
• Local Process: Cases in Burlingame are generally filed in the San Mateo County Superior Court, which provides family law services such as mediation and custody evaluations.
• Modification and Enforcement: Either parent can request changes to custody orders if there has been a significant change in circumstances.

Frequently Asked Questions

What is the difference between legal and physical custody?

Legal custody refers to the right to make decisions about a child's health, education, and welfare. Physical custody refers to where the child lives most of the time.

What does joint custody mean?

Joint custody means both parents share responsibilities. Joint legal custody is shared decision-making, while joint physical custody means the child spends significant time living with both parents.

Can grandparents or other relatives get custody?

In some cases, grandparents or other relatives can petition for custody or visitation, but they need to prove it is in the child's best interest.

How do courts decide who gets custody?

Courts weigh several factors, including the child's needs, stability, each parent's ability to provide care, and any history of domestic violence or substance abuse.

Can a child choose which parent to live with?

Local courts may consider a child’s preference if the child is mature enough, often around age 14 or older, but the child's wishes are not the only factor.

How is child support related to custody?

Child support amounts often depend on custody arrangements. The parent with less physical custody may need to pay support to ensure the child's needs are met.

What if my ex is not following the custody order?

If the other parent violates the order, you can request enforcement through the court. Repeated violations may lead to modifications or penalties.

Do we have to go to court for child custody?

Not always. Many parents reach agreements through negotiation or mediation, but court approval is needed to make it legally binding.

Can custody orders be changed?

Yes, either parent can request a modification if there has been a significant change in circumstances affecting the child’s welfare or parenting abilities.

Is Burlingame different from the rest of California in custody matters?

Burlingame generally follows California state law, but cases are handled at the local San Mateo County Superior Court, which may have specific procedures and resources.

Additional Resources

Residents of Burlingame seeking help with child custody can contact or reference the following:

• San Mateo County Superior Court Family Law Division - filing, mediation, and custody evaluation services
• Family Law Facilitator’s Office - provides forms and procedural guidance
• San Mateo County Legal Aid - free or low-cost legal assistance for qualified residents
• California Courts Self-Help Center - information on custody laws and court processes
• State Bar of California - directory for local family law attorneys
• Parenting education programs approved by the court

Next Steps

If you need legal assistance with child custody in Burlingame:

• Gather all relevant documents, such as court orders, parenting plans, and communication records with the other parent.
• Consult with a qualified family law attorney familiar with San Mateo County’s processes, especially if you face a dispute or need an urgent modification.
• Consider mediation or alternative dispute resolution if safe and appropriate, as courts often encourage settlement out of court when possible.
• Contact the Family Law Facilitator’s Office or legal aid for initial information if you cannot afford a private attorney.
• Stay informed about your obligations and rights, and follow all court orders precisely to avoid complications.

Taking these actions will help protect your interests and those of your child as you navigate the child custody process in Burlingame.