Los Angeles Child Custody Attorney

Skilled Custody Representation in Los Angeles County, California

If you are a parent going through a divorce and need help obtaining custody of your children or need to take action against the other parent for not following existing custody arrangements, a child custody attorney in Los Angeles at Claery & Hammond, LLP can assist you. Founding partner Lance Claery and attorney Eli Hammond handle child custody cases regularly and have extensive experience with family law throughout California. Our attorneys understand California's legal framework for custody matters and focus on achieving the best outcome for each client, always prioritizing children's well-being.

We guide parents through every step of the custody process, from filing initial petitions to representing them at hearings in Los Angeles County family courts. The custody process in Los Angeles often routes through the Stanley Mosk Courthouse, which handles a significant number of child custody matters every year. We monitor changes in court procedures and local policies since they affect timelines and documentation. Understanding custody law here requires knowing the specific requirements of the Los Angeles legal system and how local judges apply the "best interests of the child" standard in court. With our experience, we offer direction and support informed by years of practice in Southern California courts.

Going through a child custody dispute? Schedule your free consultation with Claery & Hammond, LLP today - contact our Los Angeles child custody attorneys by calling (310) 817-6904 today!

What Are the Differences Between Joint & Sole Custody?

When parents cannot agree on child custody, a judge will decide the arrangement. The court considers many factors, always seeking to rule in the child's best interests. Understanding joint versus sole custody helps parents make sound decisions about their children's future. Joint custody means both parents take part in their child's life and must communicate and cooperate consistently. Sole custody means one parent makes key decisions because shared parenting is not workable or is not considered safe for the child.

In Los Angeles, judges often support joint custody if both parents can provide a stable environment. When circumstances rule out shared care, Los Angeles family court judges review each case closely to understand the family dynamic before deciding on sole custody. We explain which arrangement fits your family's needs and help you meet the court's expectations for co-parenting and communication so your voice is heard in every stage of the process.

Types of Custody Orders in Los Angeles

California law defines legal and physical custody as the rights and responsibilities parents have for their children after a divorce or separation. Courts always focus on the child's best interests when deciding custody, giving priority to health, safety, and well-being.

Parents in Los Angeles face a broad range of custody arrangements because of the city's large, diverse population and varied family needs. The courts look at logistical issues unique to Los Angeles, like travel distance to school, traffic, or support from nearby relatives. These day-to-day realities can play a role in how legal and physical custody are structured, so understanding your family's needs and local court standards is key to building the right plan.

There are two main types of child custody in California:

• Legal Custody: This gives a parent the right to make decisions about the child's upbringing, such as school choice, health care, and religious practices. Parents may share these responsibilities, or one parent may have sole legal custody and make these decisions alone.
• Physical Custody: This refers to where the child lives on a daily basis. Joint physical custody means the child spends time with both parents. Sole physical custody means the child lives most of the time with one parent and may visit the other.

Sole Custody Orders

• Exclusive Custody: This includes both legal and physical custody. One parent has main responsibility, while the other parent may have few or no rights in making decisions about the child.
• Sole Physical Custody: Here, the child lives full time with one parent. The other parent may have rights to visitation, but not day-to-day care.
• Sole Legal Custody: This gives one parent exclusive rights to make major decisions about the child's welfare, including school, health care, and religion. The other parent may still see the child through visitation.

Joint Custody Orders

• Pure Joint Custody: Both parents share responsibility for all decisions and care. The child divides time equally between each parent, and both make legal and physical decisions together.
• Joint Legal Custody: Both parents make key decisions for the child together, even if the child spends most of the time living with one parent. Joint legal custody does not always mean joint physical custody.
• Joint Physical Custody: The child spends meaningful time living with each parent. This may not be a 50/50 split but ensures both parents play a role in daily life.
• Divided or "Split" Custody: Sometimes, siblings are split between parents if it's believed to be best for each child. Usually, courts avoid this unless all children benefit from such an arrangement.

The Child Custody Process in Los Angeles Courts

Child custody proceedings in Los Angeles County follow established court procedures and timelines. Parents begin by filing a custody petition with the Superior Court of Los Angeles, often at the Stanley Mosk Courthouse. After filing, the court may hold preliminary hearings to set temporary orders and will often schedule mediation with Family Court Services. Each parent is encouraged to submit a parenting plan that details how they will handle custody and visitation responsibilities. In Los Angeles County, mediation is usually required in contested cases before a trial date is set. If both parents reach agreement during mediation, the court typically makes these terms official.

If parents cannot settle, the case goes to a hearing, where both sides present their wishes and evidence. Courts in Los Angeles consider factors like where the child goes to school, neighborhood ties, and distance to community services. In large metropolitan areas, judges emphasize consistency, especially with school and home life, and look for stable support networks nearby. In emergencies, such as cases involving immediate danger to a child, courts may issue temporary or emergency custody orders very quickly to ensure protection. Because local rules are strict and deadlines matter, many parents choose a custody lawyer who knows Los Angeles County’s system and court practices. Our experience handling custody matters before LA County judges helps families understand what to expect and how to prepare for every phase.

Emergency Custody & Restraining Orders in Los Angeles

Urgent situations can arise that require immediate court intervention to protect a child's safety. In Los Angeles County, a parent can request emergency custody orders when a child is at risk of harm or significant danger. Filing for emergency custody requires presenting facts that demonstrate why prompt action is needed, such as concerns of abuse, neglect, or parental abduction. Many emergency requests are heard at the Stanley Mosk Courthouse, and judges often review these petitions within days or on the same day. The judge may issue a temporary order to keep the child safe until a more complete court hearing takes place.

When there is a threat of violence, harassment, or other harm, a restraining order may be appropriate. Family court judges in Los Angeles may order a parent to stay away from the child or the other parent if circumstances warrant. Judges evaluate facts carefully and issue orders tailored to the family’s specific needs. If you need to pursue emergency or restraining orders, guidance from our team at Claery & Hammond, LLP ensures the process follows all current Los Angeles County requirements. Drawing on decades of local family court experience, we help parents present facts clearly and take the right steps in time-sensitive child custody situations.

How Does the Court Determine Child Custody?

In California, courts prioritize the child's best interests when determining child custody. Judges look at a range of factors to promote safety, health, and stable family life for the child.

Los Angeles County courts recognize challenges unique to the area, like long commutes or busy work schedules, which can affect daily life. Courts encourage parents to address these real-world issues in their parenting plans. Judges look for practical solutions that fit with established routines and support the child's involvement in home and school activities. Parents who show their willingness to maintain stability and communication are more likely to present a strong case.

The common factors courts consider include:

• Health and Safety of the Child: Judges assess each parent’s ability to create a safe, clean, and nurturing home. Any history of abuse, neglect, or inability to meet the child’s needs is taken seriously.
• Emotional Bond with Each Parent: The court reviews the connection between parent and child, including the child’s age and attachment, and whether each parent supports a positive relationship.
• Stability and Continuity: Courts consider school, friends, and neighborhood ties that could be disrupted by a custody change. Maintaining daily routines weighs heavily in decisions.
• Willingness to Support the Other Parent’s Relationship: Parents who actively support the child’s bond with the other parent demonstrate positive co-parenting.
• Each Parent’s Ability to Meet the Child's Needs: Judges review work stability, living situation, income, and ability to meet educational and emotional needs.
• History of Substance Abuse or Domestic Violence: Past incidents of violence, drug use, or criminal activity can impact who receives custody or visitation rights.
• Child’s Wishes (If Age-Appropriate): The court may consider the child’s preferences if they are old enough and mature enough to express them.

Judges may also look at how each parent managed caregiving roles in the past. Mediation offers families a way to resolve disagreements before court, often resulting in less stress for everyone. In any situation, the court’s focus stays on the child’s best interests and safety.

Court decisions balance several factors, including each child's needs and involvement in local life. If parents do not agree, the judge has the final say after reviewing both sides.

Contact our Los Angeles child custody lawyers by calling (310) 817-6904 today!

Understanding Visitation Rights & Schedules in Los Angeles

Visitation rights in Los Angeles serve to preserve the child’s relationship with a non-custodial parent. Judges structure these rights in regular schedules that often include weekends, school holidays, and sometimes extended periods during school breaks. Family courts work to preserve the child’s connections to both parents while accommodating everyday demands such as transportation, school activities, and other commitments.

Parents can use Los Angeles County Family Court Services and local community programs to help set up workable visitation plans. These services include supervised visitation at neutral centers in complex or high-conflict cases, making it easier for everyone to follow court-ordered agreements and keep children safe. When disagreements arise about exchanges or time-sharing locations, supervised exchange centers at convenient Los Angeles sites keep transitions peaceful and efficient. By using these resources, families can create clear visitation plans that withstand the area’s complicated travel and scheduling needs.

When creating a visitation schedule, account for both parents’ work and personal time so the plan meets the child’s needs. Some cases require supervised visitation, especially when safety is a concern. Tools like parenting courses and mediation can help shape practical schedules. Mediators guide parents to reach fair decisions so the focus stays on the child's well-being throughout the process.

Mediation & Alternative Dispute Resolution for Custody Conflicts

Mediation resolves many custody disputes without trial in Los Angeles. A neutral third-party mediator meets with both parents to help them agree on a secure and stable arrangement for their child. Mediation typically avoids the conflict and delay of traditional litigation, making the process quicker and less stressful for families.

The Superior Court of Los Angeles County often requires mediation through its Family Court Services before a judge hears any contested child custody matter. This program trains mediators in California law and local customs to help families of all backgrounds reach common ground. Successful mediation lets parents control the outcome instead of relying on a judge. Our attorneys at Claery & Hammond, LLP prepare clients for mediation to keep negotiations focused and solutions practical for life in Los Angeles County.

Mediation sessions last several hours, depending on the complexity of the situation. Parents can share their concerns privately, and mediators encourage honest discussion and compromise. By engaging in mediation, families often reach solutions that protect the child's relationship with each parent. Families who use community-based mediation in Los Angeles often see lasting results that reflect real-life needs and reduce the need for further litigation.

Frequently Asked Questions About Child Custody

Can parents decide on child custody?

Parents who agree on a custody arrangement can usually present their plan to the court, which reviews and approves it as a formal order. Creating a thorough parenting plan before submitting it helps the agreement proceed smoothly.

What if we can’t agree on custody?

If parents cannot reach agreement on custody, a judge will decide based on factors involving each parent’s ability, the child’s needs, and any history of conflict or risk. Gathering documentation and preparing your case matters during this process.

Can a parent’s mental illness impact child custody?

Mental health can affect custody decisions if it limits a parent’s ability to provide care. Courts may consider medical opinions or evidence of treatment, but focus on the parent’s ability to care for the child rather than the diagnosis itself.

At what age can a child choose which parent to live with?

Only a judge can make custody determinations. Courts may consider the preferences of a mature child, but always balance this with other factors to ensure a safe and stable outcome that meets the child’s needs.

Judges give more weight to a mature or older child's input but balance it with an assessment of family dynamics and the influence of adults. The court never relies on one factor alone when making these choices.

Is it okay to move out if I want to fight for custody?

If you intend to seek custody, do not move out of the home before seeking legal advice and securing a temporary custody order from the court. Staying in the home can help the court see you as a consistent caregiver for your child.

Leaving the home sends a message that the other parent can provide care, which may influence the status quo in the eyes of the court. If possible, remain until you have a temporary order to preserve your case for custody or visitation.

Can a parent lose custody because of an affair?

Courts rarely remove custody over an affair. Only if the parent’s behavior directly harms a child's health or safety, such as leaving the child unsupervised, does it factor into the court’s decision. Parenting ability matters more than a parent’s private relationships.

Can I ask for joint custody?

If both parents support joint custody, they can outline terms in a written parenting plan. If one parent disagrees, you may ask the court for joint custody. Courts favor joint arrangements if both parents live close enough to keep schedules stable and the arrangement serves the child's interests.

Judges know children benefit from frequent contact with both parents, and successful joint custody plans work best when parents live near each other for ease of school and activity involvement.

Note: If joint custody is ordered, this does not automatically end a parent’s responsibility to pay child support. The higher-earning parent may still pay support, health insurance, or a share of work-related childcare costs.

What if a parent is abusing a child?

A parent with a domestic violence conviction may face court-ordered supervision, loss of custody, or removal from the family home if such actions protect the child. Severe abuse may lead judges to restrict or even remove parental rights in order to safeguard the child’s welfare.

When parents complete court-ordered conditions or show ongoing positive changes, courts may increase or restore visitation rights based on safety. Ongoing compliance and a genuine commitment to change are key in these cases.

How does relocation affect child custody in Los Angeles?

Relocation can change custody arrangements, especially in Urban Los Angeles. Courts consider how moving affects the child’s stability, schooling, and access to both parents before approving the relocation. The parent seeking to move should clearly show how the change supports the child's best interests.

Judges review ties to the community, access to Los Angeles Unified School District programs, and communication plans between parents. Clear explanations and advance notice to all parties support a fair review of the relocation request.

If the move could harm the child's quality of life or disrupt a stable routine, courts may block relocation until everyone can address affected relationships and logistics.

What types of evidence are crucial for custody hearings?

Parents should collect and present school records, medical histories, and financial statements to support their ability to care for the child. Accurate records, reliable witnesses, and clear documentation of involvement in the child’s daily life can shape the court’s view of a parent’s caregiving ability.

Court-accepted evidence includes statements from school staff, medical professionals, and activity leaders. Showing strong and positive involvement in local Los Angeles-area programs or activities demonstrates commitment to the child’s development and well-being.

Protect Your Child's Best Interests with an Experienced Child Custody Attorney

Having a skilled and compassionate child custody lawyer can make a meaningful difference in custody matters. The team at Claery & Hammond, LLP brings extensive experience handling complex child custody cases in Los Angeles and provides clear guidance during challenging times. With the right legal support, families can better manage both the legal and emotional sides of custody.

At Claery & Hammond, LLP, our attorneys have been recognized by Super Lawyers and featured in the Los Angeles Times for our work in family law. Clients rely on our personal approach and our ability to work within local family court procedures. With over 50 years of combined experience, we pursue solutions for custody and visitation that fit the needs of each family throughout Los Angeles County. Our strategies keep pace with new legal developments and court expectations in the area.

Our dedicated child custody attorneys can assist you with:

• Developing a strong custody strategy tailored to your unique situation
• Negotiating custody agreements with the other parent
• Representing you in court proceedings if necessary
• Ensuring that your parental rights are upheld
• Advocating for the well-being of your child

Don't navigate the complexities of child custody law alone. Contact us today to schedule a consultation and learn how we can help you protect your relationship with your child.

Get in Touch with Claery & Hammond, LLP Today

Child custody issues affect your family and your relationship with your children. Our team offers the caring legal guidance you deserve during this process. When children are involved in a divorce or separation, custody arrangements require skilled communication and strategic planning to minimize stress and create better outcomes.

With many years of experience in Los Angeles courts, our attorneys handle custody disputes that involve unique local issues. Filing deadlines, in-person hearings at the Stanley Mosk Courthouse, and work with Family Court Services all shape the process. By remaining accessible and responsive, our team answers your questions every step of the way. We accommodate your schedule and handle urgent matters, including emergency custody or restraining order requests, always in compliance with California and Los Angeles County law.

If you are having problems determining a child custody arrangement with the other parent, you will need to hire a Los Angeles child custody lawyer to handle the situation. When two parents split, child custody must be decided and the arrangement will have to be adhered to by both parties, otherwise legal action may become necessary.

Discuss your rights under California's child custody laws by contacting our Los Angeles child custody attorneys as soon as possible. You can reach us by phone at (310) 817-6904.