Child Custody, Support

The family law attorneys at Morgan Law Firm assist clients with a variety of child custody, visitation, paternity, and support issues, including:

• Child Custody
• Child Visitation
• Child Move Away and Defense
• Ex Parte Hearings
• Modification and Termination of Custody and Visitation Orders
• Paternity
• Department of Child Support Services
• Child Support Contempt
• Child Support Arrears
• Wage Assignment and Garnishment

Child Custody

"Child custody" actually encompasses two types of custody: legal custody and physical custody.  Legal custody is the right to make important decisions on behalf of your child, such as decisions regarding education and health care, while physical custody refers to the right to have your child live with you.  Both types of custody will be decided in a divorce proceeding, either by agreement of the divorcing parents or by a court determination.

Custody can be awarded jointly to both parents, or solely to one.  California law favors awarding joint custody, where appropriate; if there is a history of domestic violence, custody will usually be awarded solely to the non-abusive parent.  For more information, please see our domestic violence page.

Visitation

A visitation plan addresses how separated or divorced parents will divide up time spent with their child.  Even if joint custody is awarded, the actual time the child spends with each parent may not be equal.  Also, if sole custody is awarded to one parent, the other parent may still be entitled to visitation rights, which will be outlined in the visitation plan.  If necessary, visitation rights can be denied to protect the child, as in cases where abuse has occurred.

Paternity

In cases where a couple is not married at the time a child is born, questions sometimes arise as to the paternity of the child.  Where paternity is contested, a court can order genetic testing.  The legal parent of a child has the right to custody and/or visitation as well as a legal obligation to provide child support.  Once paternity is established, a court can make orders regarding support, custody and visitation.

Child Support

Parents are legally required to support their children until they reach the age of 18 or until they graduate from high school, and sometimes longer, as in cases where a child is disabled.  California's Department of Child Support Services regulates child support issues and has established a formula for determining the amount of the support payments.  The formula takes into account factors such as:

• The earning capacity of each parent
• The number of children
• How much time the children spend with each parent
• Medical, health insurance, and other expenses

A court will order a child support payment based on California's formula, or parents can agree on a different amount, so long as it is sufficient to take care of the child's needs and takes into account the factors outlined in the formula.  A child support order can also be modified based on changed circumstances, such as where a parent has faced new financial hardship.

A legal parent who fails to support a minor child may be subject to criminal penalties.  When a parent falls behind in his or her support payments, or is in "arrears", a court can hold that parent in contempt, and can also order wage assignment or garnishment, which will include any past due amounts, plus interest.

Seek Experienced Legal Counsel

When dealing with child custody, visitation, and support issues, it is important to have experienced legal counsel to protect your rights as a parent and your financial interests.  Call Morgan Law Firm today at (805) 529-3476 to find out how our experienced family law attorneys can help you.