Someone Who Cares About Your Children As Much As You Do
Child custody and child support are two of the most sensitive and fought-over issues for parents who are no longer together. Attorney Erin Stratte is a family law attorney who cares deeply about advocating for Bay Area parents who are struggling with a difficult child custody or child support dispute. At The Stratte Firm, she gets to know you personally to understand what you and your child are going through, then fights to get the results you need.
What Will My Parenting Schedule Look Like?
California has two forms of child custody. Physical custody refers to where the child lives. Legal custody refers to the right to make major decisions about the child’s life. These types of custody can be shared between parents or given to only one parent. When issuing a custody order, the court considers factors such as:
- Each parent’s ability to raise the child
- The child’s relationship with each parent
- The location of each parent’s residence
- The child’s involvement in school, church and extracurricular activities
- The presence of abuse, neglect, addiction or severe mental illness
Attorney Stratte fights to protect your child’s best interests and maintain a peaceful relationship with their other parent whenever possible. She often helps her clients reach positive agreements in their custody battle and other issues, such as divorce, without having to go to trial.
How Does California Calculate Child Support?
If you have shared or sole physical custody, you may need child support. In California, child support amounts depend on the disparity between parents’ income and how much time the child spends with each parent. Other factors can influence the decision, including:
- Each parent’s income and separate assets
- The custody and visitation arrangement
- The financial needs of the child
- Health care considerations
- Child support obligations for children from other relationships
Whether you need to receive or pay support, attorney Stratte strives to make sure the amount is fair. If your life changes significantly, she can also help you modify an existing child support or custody order.
FAQs Addressing Child Custody And Support In California
Below are answers to some common questions about child custody and support in California.
Can child custody and support be modified after divorce?
Family courts know that children’s and parents’ needs evolve after a divorce, making alterations necessary. Parents may ask the court to make changes when a significant change in circumstances may affect the child’s well-being.
Examples of substantial changes include:
- Relocation needs
- Child’s preferences
- Safety concerns
- Change in income
- Child medical expenses or special needs
- Change in child’s needs
Parents can agree to modify the arrangement together, or one parent can petition the court for a change. Family law judges always prioritize the best interests of the child when considering modifications.
Can child custody be included in a prenup?
Parents cannot address child-related matters in a prenuptial agreement. Further, the court will not uphold any provisions in a prenup that attempt to predetermine child support and custody arrangements.
Is California a 50/50 custody state?
California has no specific law mandating a 50/50 child custody plan. However, the state strongly promotes joint custody arrangements. Unless shown otherwise, judges typically start with the presumption that a joint custody arrangement serves the child’s best interests, meaning both parents share legal and physical custody.
However, the final custody order depends on various factors, including the child’s needs, each parent’s ability to provide a stable environment and any history of violence or substance abuse.
When does child support end in California?
Child support obligations generally end when a child turns 18. However, for children still in high school full-time and not self-supporting, support may continue until the child graduates from school or turns 19, whichever comes first.
If the child becomes legally emancipated, marries or joins the military, support obligations may end, but they may continue if both parents agree. If the child is incapacitated and not able to be self-sufficient, child support could continue indefinitely.
Can you get custody if you aren’t the biological parent?
Yes, under certain circumstances, such as a formal adoption. Courts may also grant custody to those who have served as a child’s primary caregiver or developed a close bond with the child (grandparents, etc.). The primary concern for courts in granting custody to a nonbiological parent remains to preserve the child’s best interests.
Discuss Your Options With A Lawyer Today
For caring and trustworthy legal help, contact The Stratte Firm. You can schedule your initial consultation by calling attorney Stratte’s Oakland office at 510-480-1845 or using her online contact form.
We service Greater Sacramento Area, Greater Bay Area, and Greater Los Angeles Area, as specific counties such as well as specific counties such as Alameda, Colusa, Contra Costa, El Dorado, Glenn, Los Angeles, Marin, Merced, Monterey, Napa, Nevada, Orange, Placer, Riverside, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Sierra, Solano, Sonoma, Stanislaus, Sutter, Ventura, Yolo, Yuba.