I’m pleased to announce the expansion of my family law practice to include Santa Rosa and Sonoma County where my family has had roots for three generations.
My maternal grandmother’s side of the family moved to the Santa Rosa area in the late 1800s. The Lee building on 4th Street was constructed by my family. The Lee brothers were a well-known and highly respected drayage company that served Northern California.
I’ve been practicing family law for over 40 years and have regularly appeared in family law cases in Sonoma County. My Northern California staff and I continue to operate remotely as does our local family courts. I look forward to providing full-service family law legal assistance to our Sonoma County community, including child custody and support, divorce, domestic partnerships, paternity, prenuptial agreements, spousal support, visitation rights, and more.
Arlene D. Kock, Esq.
Child Custody Attorney in Sonoma County
Who Gets Child Custody in California?
In Sonoma County, like in the rest of California, child custody determinations are guided by the Family Law Code to ensure the child’s best interests, focusing on their health, safety, and welfare. The law emphasizes maintaining frequent and continuing contact with both parents unless there is a history of child abuse, domestic violence, or any situation where such contact would not benefit the child. Relevant sections include California Family Code Sections 3011, 3020, 3040, and 3080. According to Section 3040, custody should be granted in order of preference, prioritizing the child’s best interests.
Domestic Violence and Custody
If a child is exposed to domestic violence, directly or indirectly, the court must design a custody plan that ensures safe contact with the abusive parent. Depending on the severity of the abuse, the court may prohibit any contact between the child and the abusive parent.
Custody Language and Definitions
The court aims to avoid designating one parent as the visiting parent and the other as the custodial parent. Instead, both parents are referred to as having “parenting time,” emphasizing the quality of time spent with the child rather than the quantity.
Who Can Ask for Custody of a Child?
Custody can be petitioned not only by biological parents but also by grandparents, stepparents, or anyone who believes they can provide suitable care and guidance. According to California Family Code Section 3040, custody is granted in preference order, focusing on the child’s best interests. The court first considers granting custody to both parents jointly or to either parent individually. If neither parent is suitable, custody may be granted to other individuals who can provide a stable and appropriate environment for the child.
Ensuring Visitation
California Family Code Section 3040 outlines the order of preference for custody based on the best interests of the child as per Sections 3011 and 3020. The court considers which parent is more likely to facilitate frequent and continuing contact with the noncustodial parent, without gender bias. Parents may be required to submit a custody plan. If neither parent is granted custody, the court considers the child’s current living environment and stability, then any other suitable individuals.
Court Considerations and Custody Changes
The court evaluates which parent is more likely to support frequent contact with the noncustodial parent. If a parent with greater time share sabotages the child’s relationship with the other parent, custody may be reassigned to the non-offending parent.
Legal Guidance
Determining the best custodial placement is crucial for the well-being of both children and parents. To protect your legal rights and those of your children, it is advisable to hire an attorney with extensive experience in family law.
Divorce & Family Law Attorney in Sonoma County
Divorce Settlements: The Best Way to End a Marriage
Resolution of a family law or divorce case is widely recognized by family lawyers, mediators, and judges as the optimal way to serve a client’s interests. Fortunately, the vast majority of family law cases do settle, though the journey can be challenging, arduous, and costly.
To effectively settle a family law case, all parties must approach the situation with a willingness to compromise. True compromise means that both parties feel they have gained and conceded something. If one party has unrealistic expectations of what is fair, the case is likely to end up in court.
For an attorney representing a client, it is crucial to understand the psychological dynamics influencing the case as early as possible. For instance, if one spouse is bitter and resentful about the breakup, these emotions can drive the entire case, leading to attempts to “get even” through property division, child custody, or other issues. An experienced family law attorney will address these potential psychological issues with the client during the initial consultation.
Each family law case is unique, influenced by specific issues and personalities, and will take its own path to resolution. Some cases can be resolved quickly if both parties are emotionally prepared and organized about property division and other matters. However, cases with significant property issues and complex fact patterns may take months or even years to resolve.
Legal guidance & experience
A skilled attorney will not only be knowledgeable about the applicable law but will also guide the client in engaging with the other party and their attorney. Maintaining direct and civil communication and proactively solving problems helps create a stable environment and fosters trust, which is essential for settlement and forward progress in the divorce case.
After over 40 years as a Family Law practitioner, I find that settlement is more an art than a science. Settling allows the parties to move on with their lives, stabilizes the parenting relationship, and helps them let go of the problems of the marriage.
