Best Child Custody Lawyers in Redlands

About Child Custody Law in Redlands, United States

Child custody law in Redlands, California, is governed by the broader rules of the state of California. Child custody issues commonly arise when parents divorce, separate, or are not married and need to decide how to raise their children. The courts in Redlands, as in the rest of California, always prioritize the best interests of the child. This can sometimes mean shared custody or, in some cases, one parent having more decision-making powers or physical custody than the other. These cases can be emotionally complex and legally challenging, making it vital for parents to understand their rights and obligations.

Why You May Need a Lawyer

There are several situations where working with a lawyer can make a significant difference in a child custody case in Redlands:

• If you are filing for divorce and need to establish a custody arrangement
• If your former partner is not following a previously agreed or court-ordered custody arrangement
• If you believe your child is at risk of harm or neglect with the other parent
• If you or the other parent is relocating, which may impact the custody order
• If you and your co-parent cannot agree on a suitable custody plan
• If you need to modify an existing custody agreement
• If there are allegations of domestic violence or substance abuse

Having a lawyer can help you navigate the legal process, prepare required documents, represent your interests in court, and ensure your rights and your child's well-being are protected.

Local Laws Overview

Child custody in Redlands adheres to California state law, primarily the California Family Code. Some key aspects include:

• Types of Custody: There are two main components - legal custody (decision-making authority) and physical custody (where the child lives). Both can be joint (shared) or sole (by one parent).
• Best Interests of the Child: The court considers which arrangement will best support the child's health, safety, and welfare. This could include the child's age, emotional ties to each parent, domestic violence history, and each parent's ability to care for the child.
• Parenting Plans: Parents are encouraged to submit a proposed parenting plan that outlines schedules and responsibilities. If parents cannot agree, the court will decide.
• Mediation: San Bernardino County (where Redlands is located) generally requires parents to participate in mediation before appearing in court. This is handled by Family Court Services and aims to help parents reach a resolution without a trial.
• Modification: Custody orders can be changed if there is a significant change in circumstances affecting the child’s wellbeing.
• Enforcement: If a custody order is violated, the court can enforce the order and take corrective action.

Frequently Asked Questions

What types of child custody are recognized in Redlands?

Redlands courts recognize legal custody (right to make decisions about the child’s education, health, and welfare) and physical custody (where the child lives). Either type can be awarded solely or jointly.

How do courts decide who gets custody?

Courts focus on the best interest of the child, considering multiple factors such as the child's age, health, relationship with both parents, each parent’s ability to care for the child, and any history of abuse or neglect.

Do grandparents have custody or visitation rights?

Grandparents in California can petition for visitation rights under certain circumstances, especially if it serves the best interest of the child, but their rights are not automatic.

Can children choose which parent to live with?

California law allows children 14 and older to state a preference in court, but the judge does not have to follow the child's wishes. The child’s input is considered along with other factors.

Is mediation required in Redlands child custody cases?

Yes, in most cases, parents must participate in mediation through San Bernardino County Family Court Services before a judge will hear their case.

Can a custody order be changed?

Yes, if there is a significant change in circumstances, a parent can request a modification of a custody order.

What happens if one parent violates a custody order?

The other parent can ask the court to enforce the order. The judge may impose penalties or change the custody arrangement to protect the child's best interests.

How does relocation affect custody?

If one parent wants to move and it could significantly impact the child's relationship with the other parent, the moving parent generally must get court approval or agreement from the other parent.

Is it possible to get sole custody?

Sole custody is typically awarded only if joint custody is not in the child’s best interests, such as cases involving abuse, neglect, or one parent’s inability to provide proper care.

Do unmarried parents have the same custody rights?

Yes, but paternity may need to be established formally before custody and visitation can be determined.

Additional Resources

• San Bernardino Superior Court, Family Law Division: Handles child custody and visitation matters for Redlands residents.
• San Bernardino County Family Court Services: Provides mediation and custody evaluation services.
• California Courts Self-Help Center: Offers guides and forms related to child custody, parenting plans, and modifications.
• Legal Aid Society of San Bernardino: Provides low cost or free legal assistance for qualified families.
• California Department of Child Support Services: Assists with related support issues.
• Local family law attorneys: Private attorneys with experience in Redlands and San Bernardino County can offer tailored legal advice and representation.

Next Steps

If you need legal assistance with child custody matters in Redlands, start by gathering any relevant documents (such as existing custody orders, communication with the other parent, and evidence of your relationship with your child). Attend a consultation with a family law attorney who serves Redlands or reach out to Family Court Services for mediation. If you have immediate safety concerns, contact law enforcement or child protective services. For most cases, participating in required mediation and possibly appearing in court will be necessary. Local legal aid organizations can help if you need assistance affording a lawyer. Take action early to protect your rights and your child’s wellbeing.