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Child custody cases are among the hardest in family law, because they involve some of the most important people in your life: your children. It's natural for emotions to run high. Our compassionate Oakland child custody lawyers understand what's at stake and are here to guide you through this tough time, so you can make informed decisions about your family's future and reach the best possible outcome.
A custody arrangement is needed when parents separate, divorce or have a child outside of marriage. California recognizes two types of custody. Legal custody covers who makes major decisions about your child's education, health care and religion. Physical custody covers where your child lives and how time is shared between homes.
We believe educating you about your case empowers you to make better decisions and handle this stressful process with more confidence. Our Oakland custody attorneys will help you keep your children's best interests at the center. Speak with one of our Oakland child custody lawyers today.
Schedule a Free ConsultationParents can agree on a custody arrangement, or a judge can decide it. Either way, it's built from two parts:
Legal custody is the right to make decisions about your child's health, education and welfare, like which school they attend or whether they get braces. With joint legal custody, both parents share these decisions, and both can get information from schools and doctors. Being clear about who decides what helps prevent disagreements later.
Physical custody is the time your children regularly spend with each parent. Your kids might stay with one parent on school days and with the other on weekends and certain holidays, or split time more evenly. When parents live close together and get along well, some build flexibility into their schedule, but a clear written schedule protects everyone if plans change.
We're not fans of surprises, and we suspect you aren't either. Use our California child support and parenting time calculators to see what to expect before your consultation.
Oakland child custody cases are filed with the Superior Court of California, County of Alameda. Custody can be requested as part of a divorce, a parentage case, or a separate custody and support case. If you and the other parent disagree, California requires you to meet with a court child custody recommending counselor before a judge decides.
The links below lead to free California court forms and guides for child custody. They can help if you handle your case yourself, but every case is different and we can't guarantee these forms fit your situation. We recommend talking with one of our Oakland custody lawyers before you complete any of them.
The best arrangement depends on many things, including your child's age, each parent's work schedule and each home environment. It may look simple at first, but many factors go into the right decision. Our compassionate Oakland child custody attorneys understand these complexities and can help you make the best choice for your family.
If you and the other parent agree on a custody arrangement, the court will usually approve it. If you can't agree, the court decides. The judge looks at your child's age and needs, each parent's role in caregiving and any other important factors.
Having a child custody lawyer help you negotiate is important. You can't simply ask a judge for a certain arrangement; you need to show why it's best for your child. An experienced attorney who knows California custody law and how local family court works can walk you through each step and help you make the best decision for your child.
Our Oakland custody attorneys understand how overwhelming the custody process can be. They'll listen to the details of your case, pay attention to your concerns and goals, and give you clear, experienced guidance so you can make the best decisions for your family.
With a wealth of experience, our team is ready to take on any family matter. We go to great lengths to help you understand and navigate the legal process, because a better understanding leads to smarter choices. Our Oakland child custody attorneys know how hard these cases are. They'll understand your situation and guide you toward the best possible outcome for you and your family.
We also understand the financial burden a custody case can bring, so our SimpleStart™ program may let qualified clients start with a reduced retainer. Contact Modern Family Law to speak with one of our child custody lawyers today.
Lulu Tseng
Managing Partner Oakland, CA Meet Lulu
Josie Zimmerman
Associate Attorney Oakland, CA Meet Josie
Sarah Bounar
Associate Attorney Oakland, CA Meet Sarah
Colleen Karp
Associate Attorney Oakland, CA Meet Colleen
Hamza Atai
Associate Attorney Oakland, CA Meet Hamza
Justin Reyes
Associate Attorney Oakland, CA Meet Justin
Angel Gonzalez
Associate Practice Manager Oakland, CA Meet AngelCustody has many parts, and no two cases are the same. You don't need to understand every detail, but the more you understand, the easier the process will be.
Frequently asked questions
It depends mostly on the level of conflict. A parenting plan both parents agree on costs far less than a contested hearing or a custody evaluation. No good attorney can quote a final total at the start, but we can explain how each factor affects cost. See our Fees & Costs page.
No child decides custody alone. Under California Family Code section 3042, a child 14 or older who wants to tell the court their preference generally may, unless the court finds it isn't in the child's best interest. Younger children may be heard too. The judge makes the final decision.
The judge's focus is the child's best interest. California law doesn't favor either parent because of gender. The court looks at the child's health, safety and welfare, any history of abuse, any illegal drug or alcohol abuse, and the child's contact with each parent.
If you and the other parent disagree, you'll meet with a child custody recommending counselor to try to agree on a parenting plan. If you don't agree, the counselor may make a recommendation to the judge. Read more about preparing for custody mediation.
Yes. Either parent can ask the court to modify custody when circumstances change and the change is in the child's best interest. Learn about custody modifications in California.
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