Los Angeles Child Custody Attorney

Three-Time LA Times Honorees Fighting for Los Angeles Families

If you’re a parent going through a divorce or separation and need help securing custody of your children or need to act because the other parent isn’t following an existing order, a child custody attorney at Claery & Hammond, LLP can help. Founding partner Lance Claery and attorney Eli Hammond handle child custody cases regularly and bring extensive family law experience throughout California. Our attorneys understand California’s legal framework for custody matters and focus on pursuing the best possible outcome for each client, always with the child’s well-being at the center.

We guide parents through every step of the process, from filing initial petitions to representing them at hearings in Los Angeles County family courts. Custody proceedings in Los Angeles often route through the Stanley Mosk Courthouse, which houses the Family Law Division of the Superior Court of Los Angeles County. We monitor changes in court procedures and local policies because they directly affect timelines and documentation. Knowing how local judges apply the best interests of the child standard in practice, not just on paper, can make a meaningful difference in how a case unfolds. Attorney Eli Hammond is fluent in Spanish and conversational in Portuguese, which matters in a county as multilingual as Los Angeles. With over 15 years of practice in Southern California courts, we offer guidance grounded in real experience with local procedures.

Joint vs. Sole Custody: What Los Angeles Parents Need to Know

When parents can’t agree on custody, a judge decides. The court weighs many factors, always seeking to rule in the child’s best interests. Understanding the difference between joint and 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 holds decision-making authority because shared parenting isn’t workable or isn’t safe for the child.

Los Angeles judges often support joint custody when both parents can provide a stable environment. Under California Family Code Section 3080, there is a presumption that joint custody is in the best interest of the child when both parents have agreed to it or say so in open court. Family Code Section 3011 sets out the specific factors courts weigh when determining the best interests of the child in any custody proceeding. When circumstances rule out shared care, Los Angeles family court judges review each case closely to understand the full 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 can be heard at every stage.

Types of Custody Orders in Los Angeles

California law defines legal and physical custody as the rights and responsibilities parents hold for their children after a divorce or separation. Courts focus on the child’s best interests, 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. Courts look at logistical factors unique to the metro area: school location, traffic, and proximity to extended family when structuring both legal and physical custody. These day-to-day realities shape how a plan gets built, so understanding your family’s needs alongside local court standards is essential.

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, school choice, health care, and religious practices. Parents may share these responsibilities, or one parent may hold 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 primarily with one parent and may visit the other.

Sole Custody Orders

• Exclusive Custody: One parent holds both legal and physical custody. The other parent may have few or no rights in making decisions about the child.
• Sole Physical Custody: The child lives full time with one parent. The other parent may have visitation rights but not day-to-day care.
• Sole Legal Custody: One parent has 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 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 lives primarily with one parent. Joint legal custody doesn’t 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: In some cases, siblings are placed with different parents when it serves each child’s individual best interest. Courts avoid this unless all children benefit from the arrangement.

The Child Custody Process in Los Angeles County 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 County, often at the Stanley Mosk Courthouse. After filing, the court may hold preliminary hearings to set temporary orders and schedule mediation through Family Court Services. California law requires mediation before any contested custody or visitation hearing. Parents who miss scheduled mediation sessions risk having their hearing delayed. Each parent is encouraged to submit a parenting plan that details how they will handle custody and visitation responsibilities.

Families with an active custody or visitation case in Los Angeles County are also required to complete the Parents and Children Together (PACT) program before mediation or their court hearing. PACT classes are offered at the Stanley Mosk Courthouse in both English and Spanish. If both parents reach agreement during mediation, the court may formalize those terms as an official order. If parents can’t settle, the case proceeds to a hearing where both sides present their evidence and wishes. In emergencies involving immediate danger to a child, courts may issue temporary or emergency custody orders quickly to protect the child while the matter moves forward. 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 require immediate court intervention to protect a child’s safety. In Los Angeles County, a parent can request emergency custody orders when a child faces risk of harm or significant danger. Filing requires presenting facts that demonstrate why prompt action is needed: concerns about abuse, neglect, or parental abduction, for example. 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 protect the child until a more complete hearing takes place.

When there is a threat of violence, harassment, or other harm, a restraining order may be the right step. Family court judges in Los Angeles may order a parent to stay away from the child or the other parent if circumstances warrant. If you need to pursue emergency orders or a restraining order, our team at Claery & Hammond, LLP can help you present the facts clearly and follow all current Los Angeles County requirements. With over 15 years of local family court experience, we know how to move quickly and precisely when time matters most.

How California Courts Determine Child Custody

California courts prioritize the child’s best interests when determining custody. California Family Code Section 3011 lists the specific factors courts must consider, including the child’s health, safety, and welfare; any history of abuse; the nature and amount of contact the child has with both parents; and habitual or continual illegal use of controlled substances. Family Code Section 3020 states that California’s public policy is to ensure children have frequent and continuing contact with both parents after separation, unless doing so wouldn’t be in the child’s best interest.

Los Angeles County courts also recognize the practical realities of life in the metro area. Long commutes and demanding work schedules affect daily parenting, and courts encourage parents to address these real-world issues in their parenting plans. Under Family Code Section 3044, a parent found to have perpetrated domestic violence faces a rebuttable presumption that awarding them sole or joint custody is detrimental to the child’s best interest. Parents who demonstrate willingness to maintain stability and support open communication with the other parent may present stronger cases.

Factors courts commonly consider include:

• Health and Safety of the Child: Judges assess each parent’s ability to provide 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 with the other.
• Stability and Continuity: Courts consider school, friendships, and neighborhood ties that could be disrupted by a custody change. Maintaining daily routines weighs heavily in these decisions.
• Willingness to Support the Other Parent’s Relationship: Parents who actively support the child’s bond with the other parent demonstrate the kind of co-parenting courts want to see.
• Each Parent’s Ability to Meet the Child’s Needs: Judges review work stability, living situation, income, and capacity to meet educational and emotional needs.
• History of Substance Abuse or Domestic Violence: Past incidents of violence, drug use, or criminal activity can affect who receives custody or visitation rights.
• Child’s Wishes (If Age-Appropriate): California courts must consider the preference of a child who is 14 or older and wishes to address the court, unless doing so wouldn’t be in the child’s best interest. Younger children may also be heard at the court’s discretion.

Visitation Rights & Schedules in Los Angeles

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

Parents can work with Los Angeles County Family Court Services and local community programs to build workable visitation plans. These resources include supervised visitation at neutral centers for high-conflict or safety-sensitive situations, making it easier for all parties to follow court-ordered agreements while keeping children safe.

Common elements of Los Angeles visitation plans include:

• Weekend and holiday time: Schedules that divide weekends, school vacations, and special occasions in a predictable, consistent way.
• Transportation arrangements: Plans that designate who drives, picks up, or drops off the child and where exchanges take place.
• Use of supervised services: Agreements that rely on approved supervised visitation or exchange centers when safety or conflict is a concern.
• Communication guidelines: Expectations for phone calls, video chats, and updates between visits so the child maintains healthy contact with both parents.
• Adjustments for Los Angeles traffic: Consideration of rush-hour patterns and distance between homes, schools, and activities to keep the plan realistic and manageable.

Mediation & Alternative Dispute Resolution for Custody Conflicts

Mediation resolves many custody disputes without trial in Los Angeles. A neutral mediator meets with both parents to help them reach a secure, stable arrangement for their child. The Superior Court of Los Angeles County requires mediation through Family Court Services before a judge hears any contested custody matter. Mediation sessions are confidential and not subject to subpoena, which gives parents greater control over the process than a judge-decided trial. Our attorneys prepare clients for mediation to keep negotiations focused and solutions practical for life in Los Angeles County.

Mediation and other dispute resolution options offer several advantages:

• Greater control over outcomes: Parents, rather than a judge, shape the details of custody and visitation arrangements.
• Reduced conflict in court: Settling issues in mediation can shorten hearings and make any remaining court appearances more focused.
• Privacy and flexibility: Discussions in mediation are more private than a public trial and allow for creative solutions tailored to a family’s schedule.
• Support from local resources: Mediators in Los Angeles County often understand how local schools, work patterns, and transportation affect parenting plans.
• Foundation for future cooperation: Parents who learn to resolve disagreements in mediation may be better positioned to handle future changes without returning to court.

Frequently Asked Questions About Child Custody

Can parents decide on child custody?

Yes. Parents who agree on a custody arrangement can present their plan to the court, which reviews and approves it as a formal order. A thorough parenting plan submitted in advance helps the process go smoothly.

What if we can’t agree on custody?

If parents can’t reach agreement, a judge decides based on each parent’s ability to care for the child, the child’s needs, and any history of conflict or risk. Gathering documentation and preparing your case thoroughly matters during this process.

Can a parent’s mental illness affect 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 the focus is on the parent’s actual caregiving ability, not the diagnosis alone.

At What Age Can a Child Choose Which Parent to Live With?

Only a judge can make custody determinations. California courts must consider the preference of a child who is 14 or older and wants to address the court, unless doing so wouldn’t be in the child’s best interest. Younger children may also be heard at the court’s discretion, but a child’s stated preference is always one factor among many. Judges give more weight to a mature child’s input while balancing it against the full picture of family dynamics.

Is It Okay to Move Out If I Want to Fight for Custody?

If you intend to seek custody, don’t move out before getting legal advice and securing a temporary custody order. Staying in the home may help the court view you as a consistent caregiver. Leaving before an order is in place can signal to the court that the other parent is capable of serving as the primary caregiver, which may influence the status quo going forward.

Can a Parent Lose Custody Because of an Affair?

Courts rarely remove custody over an affair. The relevant question is whether the parent’s conduct directly harms the child’s health or safety, such as leaving the child unsupervised. Parenting ability matters far 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 and submit it to the court. If one parent disagrees, you may ask the court to order it. Courts may favor joint arrangements when both parents live close enough to keep schedules stable and the arrangement genuinely serves the child’s interests.

Note: Joint custody doesn’t automatically end a parent’s obligation to pay child support. The higher-earning parent may still owe 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. Severe abuse may lead judges to restrict or remove parental rights to protect the child’s welfare. When a parent completes court-ordered conditions or demonstrates sustained positive change, courts may increase or restore visitation based on safety.

How Does Relocation Affect Child Custody in Los Angeles?

Relocation can significantly change custody arrangements, especially in a metro as interconnected as Los Angeles. Courts consider how a move affects the child’s stability, schooling, and access to both parents before approving it. The parent seeking to relocate must show how the change serves the child’s best interests. Judges review community ties, access to Los Angeles Unified School District programs, and communication plans between parents. If the move could harm the child’s quality of life or disrupt a stable routine, courts may limit relocation unless the affected relationships and logistics can be addressed.

What Types of Evidence Matter Most in Custody Hearings?

School records, medical histories, and financial statements all help demonstrate a parent’s ability to care for the child. Reliable witnesses, accurate records, and clear documentation of involvement in the child’s daily life can meaningfully shape the court’s view. Court-accepted evidence includes statements from school staff, medical professionals, and activity leaders. Documented involvement in local Los Angeles programs or community activities shows consistent commitment to the child’s development.

What Is Custody Modification, and When Can I Request It?

To modify an existing custody order in California, a parent must generally show a significant change in circumstances since the last order was issued and that the proposed new arrangement serves the child’s best interests. Courts don’t modify custody for minor disagreements or routine scheduling friction. Qualifying changes can include a parent’s relocation, a substantial shift in the child’s needs, or a documented change in one parent’s ability to provide care.

Working With Your Child Custody Lawyer in Los Angeles

Choosing the right attorney is only the first step. How you work together throughout the process has a direct impact on your preparation and your experience in court. We take a collaborative approach, working with clients rather than simply for them, and prioritize open communication so you have a clear picture of where your case stands. Parents in Los Angeles often juggle demanding work schedules, long commutes, and school commitments across different neighborhoods, so a clear plan for communication and case management matters from the start. From the first meeting, we help you understand what the court needs and what you can do day to day to support your position.

Clients receive personal attention here. You’re not a case number. You’re a person with a real situation that deserves real focus. Staying organized and proactive helps. Keep a simple record of parenting time, school events, medical appointments, and any issues affecting your child’s routine, especially if your case involves hearings at the Stanley Mosk Courthouse or other Los Angeles County courthouses. When we have accurate details and timely updates, we can tailor our advice to your goals and to how local judges typically handle similar situations. We also accommodate your schedule and handle urgent matters, including emergency custody and restraining order requests.

Practical ways to work effectively with your attorney:

• Prepare key documents: Gather school records, medical information, and any existing court orders before important meetings.
• Use agreed communication channels: Rely on the email, phone, or secure portals you set up with your attorney so nothing gets missed.
• Be honest about challenges: Share concerns about schedules, transportation, or conflicts with the other parent so your plan reflects real-life conditions.
• Follow legal guidance: Comply with temporary orders, deadlines, and court requests to show the judge you’re responsible and focused on your child.
• Ask about next steps: Clarify what happens after each court date or filing so you can prepare your child and your household accordingly.

Why Los Angeles Families Choose Claery & Hammond, LLP

Claery & Hammond, LLP is one of only 13 firms recognized three times by the Los Angeles Times as Family Law Practitioners, featured in 2013, 2015, and 2023. Founding partner Lance Claery has been rated by Super Lawyers, selected to the Super Lawyers Rising Stars list, and named among the top 10 percent of lawyers in the United States by Lawyers of Distinction. Since opening in 2009, our firm has provided family law counsel throughout Los Angeles County for over 15 years.

We handle the full scope of custody work: developing strategies tailored to each family, negotiating custody agreements, representing clients in court, upholding parental rights, and advocating for the child’s well-being. Whether your case involves initial custody determinations, a modification request, or an emergency filing at the Stanley Mosk Courthouse, we bring focused local knowledge to every stage.

Our child custody attorneys can assist you with:

• Developing a custody strategy tailored to your family’s situation
• Negotiating custody agreements with the other parent
• Representing you in court proceedings
• Helping protect your parental rights
• Advocating for your child’s well-being throughout the process

Contact Claery & Hammond, LLP to Discuss Your Case

Child custody decisions shape your family’s future and your relationship with your children. When custody is part of a divorce or separation, the stakes are high, and having skilled, attentive representation can make a difference. With over 15 years of experience in Los Angeles courts, our attorneys handle custody disputes that involve the full range of local complexities, from Stanley Mosk Courthouse procedures to the real-world logistics of co-parenting across LA neighborhoods.

If you’re struggling to reach a custody arrangement with the other parent, our Los Angeles child custody lawyers are ready to help. We stay accessible and responsive throughout your case, answering questions at every step and handling urgent matters, including emergency custody and restraining order requests, in full compliance with California and Los Angeles County law.