Child Custody Litigation (Old)
Child Custody For Divorcing Parents
When going through a divorce, child custody can be a daunting process as it involves the most important people in your life – your children. In most cases both parents will have legal rights to their children, but there is often a dispute as to how those rights and custody should be allocated. When awarding custody, the court weighs the best interests of the child(ren) and in most cases gives broad discretion to create orders specifically tailored to each family.
At Provinziano & Associates we understand the sensitive and complex nature of child custody litigation. We also know that many parents have to fight vigorously for their children as one parent may use time with the children as a weapon to hurt the other parent. Divorce and custody battles are often an emotional roller coaster, but with The Provinziano Legal Team on your side you can rest assured that your voice will be heard, that we will aggressively fight for you and your children, that we will take away much of the stress and worry, and that we will work tirelessly to and achieve the success you’re looking for in the courtroom.
Are you a parent in a child custody dispute?
The first step in any child custody dispute is to file a Request for Order for Child Custody and Visitation. Once filed, the court will send both parents to Family Sponsored Court Services, where the parties will have an opportunity to resolve their dispute with the assistance of a licensed therapist. If a resolution has been agreed upon the court will finalize the custody order, if no resolution was reached the court will litigate the case.
At Provinziano & Associates we know that each step in this process is critical and each needs a thoughtful and fully developed strategy so that your best interests are always protected. In each case, we develop a custom strategy to bring before the mediator and extensively prepare the specific court orders you need to ensure you have access to your children. Additionally, if you have concerns of abuse, we will prepare detailed requests for the court to protect your children from the abuser.
In addition to our preparation for court, we take the time to prepare you for mediation! Often times the parent that is fully prepared and briefed before mediation will have better results and we make sure that parent is you. When the case goes before the judge, we will be prepared to fully present your case in the most effective way and will seek the orders you and your children need. In most cases, due to our extensive preparation we will be able to work out an effective settlement agreement with the other party or present your case to the judge so that you and your children are given the best orders possible.
Child Custody for unmarried parents
Parents who have a child with an individual they are not married to have a unique legal challenge when it comes to child custody litigation. In many cases, paternity may need to be established before seeking child custody orders form the court. In these cases time is of the essence and The Provinziano Legal Team understands the need to act quickly on behalf of the unmarried parent to ensure that a client’s petition is filed timely and served on the opposing party, triggering the process to get into court and fight for the best interests of the child(ren).
Has your spouse or partner abused you and you fear for the welfare of your children?
Both men and women can be the victim of domestic abuse, including physical, sexual, and emotional abuse at the hands of their spouse or partner. The Provinziano Legal Team knows that in these cases quick action must be taken and we are often able to get our clients into court within 24-72 hours to seek the emergency orders needed to protect you and the children from the abuse. Over the years, Provinziano & Associates has secured orders in countless cases to protect children from abusive parents by requiring them to attend counseling for domestic violence and anger management, ordering drug and alcohol testing, seeking protective orders, requiring supervised visitation, and in some cases obtaining orders granting no visitation.
Read Our Blog
What is the Marital Standard of Living and Why Does It Matter?
The Court has a statutory list of 14 factors to consider in making orders for spousal support. Three of those factors directly refer to the marital standard of living. Specifically, the Court needs to consider (1) the earning ability or each party, (2) the ability of each party to pay support and (3) the needs of each party through the lens of the marital standard of living.
Where Can I Modify Custody Orders or Decrees from Outside California?
Did you get child custody orders or a decree from another state and then move with your child to California? Do you want to modify custody and are not sure which state has jurisdiction?
What Does a Parenting Plan Look Like for a Non-Custodial Parent in a Move Away Context?
When one parent requests permission from the court to move away with the child, the stay behind parent may feel helpless, as if the move will negatively impact his or her relationship with the child.
