What Makes Claery & Hammond, LLP Different?
It's Easy. We Put Our Clients First.
-
Featured Los Angeles Times Family Law Practitioners
-
We Provide Unique, Tailor-Made Solutions for Each Client
-
We Offer a Free Initial Case Consultation
-
Our Team Has Over 50 Years of Combined Experience
-
Our Attorneys Handle All Types of Family Court Issues
-
We Solely Focus on the Areas of Divorce and Family Law
California Family Law Foundations for Mothers
Knowing the legal framework behind your case helps you make informed decisions at every stage. California family law establishes clear rights for mothers, and understanding how those rights work in practice gives you a stronger footing when you walk into any proceeding.
Legal Custody vs. Physical Custody
California recognizes two distinct types of child custody. Legal custody is the authority to make decisions about a child’s health, education, and general welfare. Physical custody is where the child primarily lives. Either type can be awarded solely to one parent or shared between both. Courts determine the arrangement based on the best interests of the child standard, weighing each parent’s involvement, stability, and ability to support the child’s relationship with the other parent.
How Child Support Is Calculated
California uses a statewide guideline formula to calculate child support. It starts with each parent’s gross income, subtracts allowable deductions such as taxes, health insurance premiums, and mandatory retirement contributions to arrive at net disposable income, then factors in the percentage of time each parent spends with the child. Because the formula is income-sensitive and tied to the actual time-share arrangement, changes in either parent’s financial situation or custody schedule can affect the support amount.
Modifying Existing Custody or Support Orders
Family circumstances change, and California law allows parents to seek modifications when there has been a material change in circumstances since the original order was entered. Common triggers include a significant income change, a parent’s relocation, a shift in the child’s needs, or a substantial change in the parenting schedule. Courts don’t reopen settled matters lightly, so documenting the change clearly is important.
Move-Away Requests
Move-away cases are among the more complex matters in California family law, and preparation matters. When a custodial parent wants to relocate with a child, California courts conduct a best-interests analysis that can require a full evidentiary hearing. The court considers factors including the reason for the move, the impact on the child’s relationship with the other parent, and the existing custody arrangement.
Protective Orders & Domestic Violence
California law allows mothers to seek protective orders in situations involving domestic violence. Those orders can include provisions that directly affect custody and visitation, including temporary restrictions on a parent’s contact with the child. Courts take domestic violence allegations seriously in custody proceedings, and evidence of abuse is a factor the court must consider under California’s best-interests analysis. In San Diego, when domestic violence is alleged, Family Court Services can arrange separate recommending counseling sessions so the parties aren’t required to meet together.
Paternity & Parental Rights for Unmarried Mothers
When parents were never married, establishing paternity is a prerequisite for a court to issue custody or child support orders. California provides multiple pathways to establish parental status, including voluntary declarations of paternity and court-ordered genetic testing. Establishing legal parentage protects both the child’s right to support and the mother’s ability to seek formal custody and parenting time orders.
