View Our Practice Areas

Child Custody & Visitation

There are a number of complex questions concerning child custody, questions and concerns The Law Offices of Jonathan D. Larose, APC, deals with in the area of child custody and visitation – an area of tremendous importance to us and to our clients. It is critical you receive the correct initial advice in this area before you file any documents with the court, whether you are a father or a mother. Some of these questions include:

  • I have been a primary caregiver to our child during our marriage. What will the court order for visitation now that we have two households?
  • I am concerned my spouse will leave California with our children. What can I do?
  • I have a business and have worked full time to support our family. As a result, my time with our children has been built around my work hours. What will the court order for visitation? Will I be penalized in my visitation with our kids because I have worked so hard to support the family?
  • I want to relocate back to where I am from. Can I take the kids with me?
  • My spouse cannot take care of our children. She has a medical issue that limits her judgment and ability to care for our kids. What kind of custody orders will the court make?
  • I am afraid my child will not come back from a certain country if allowed to go with their other parent. What can I do? Can we secure our child's passport?
  • Will my kids get caught up in the divorce? Will the judge want to meet with our kids?
  • Does my child have a say in what the court-ordered visitation will be?

In addition to these and other legal concerns, we can assist you with child support payments, determining a child's paternity and other related issues.

The Family Court Process

In general, parents attend mediation at Family Court Services as a prerequisite to receiving court custody and visitation orders. Mediators at Family Court Services meet with the parents with the goal of fashioning mutually agreeable custody and visitation orders. A report is created for the court by Family Court Services, upon the completion of mediation. The report generally provides details of the mediation session, and relates any agreements reached by the parties. The mediator then generally makes "recommendations" to the court on those areas of custody and visitation that there is no agreement.

Sometimes, a child or the children are interviewed by the mediator at Family Court Services. Issues that remain undecided or contested are decided by the judge if the parties continue to disagree. Sometimes the court orders a more detailed and rigorous evaluation by other professionals before it makes certain custody or visitation decisions.

Custody and visitation orders are made based on what is in the "best interests" of a child or children. The court seeks to maintain stability and continuity in the lives and schedules of children but also strives to have frequent and continuing contact with both parents. Each family is unique and what is in the "best interests" of a child or children is different from family to family. As a result the facts of your particular unique family matter a great deal. That is why you need to spend time with your attorney articulating these facts, and that is one reason why your attorney needs to be detail-oriented and excellent listeners, as we at Larose Law pride ourselves on being.

You Can Take Action Today

Please call 510-742-6100 or contact us online to arrange a free initial consultation with one of our child custody lawyers. We have offices in Fremont and Walnut Creek, California.