10630 Town Center Drive, Suite 102 Rancho Cucamonga, CA 91730
SCHEDULE AN APPOINTMENT
When parents separate, the thought of losing their child can become unbearable. When facing a custody battle, you need someone to advocate on your behalf. The outcome of this case affects your entire life. Working with an Eastvale child custody lawyer can help ensure your rights as a parent are respected throughout your legal case.
With over 30 years of combined professional experience in family law, divorce, child custody, and child support, the attorneys at All American Law know how to navigate the challenges in a child custody case and have a better understanding of California child custody laws. They can be some of the most emotionally difficult cases to go through.
You don’t have to go through this difficult time by yourself. Having one of our attorneys on your side can help make the entire legal process easier to navigate. We’ll help ensure your parental rights are never taken advantage of.
As a town known for its idyllic family life, Eastvale is home to 10 award-winning schools and 13 parks. 29% of its population was under 18 years old, as of 2023. When parents divorce, protecting the child is the number one priority of both parents and the court. You’ll be able to file your case at the Riverside Family Law Courthouse, located at 4175 Main Street in Riverside.
During a child custody case, both parents should draft a parenting plan to present during mediation or court. This plan should include their ideas on:
Being as detailed as possible is recommended. If the parents can agree on the plan together during mediation, they can submit the plan to the court for final approval. Courts will generally approve a parenting plan if it’s in the best interests of the child. Once approved, the plan becomes a court order and must be followed by all parties.
Be sure to hire a child custody lawyer during this time. They’ll help you draft a parenting plan and ensure the final agreement is fair.
There are a few types of child custody that may be granted to parents. Legal custody is when a parent is granted the responsibility to make decisions regarding their child’s well-being. This includes where the child lives, goes to school, their healthcare, and their religion. This can be granted to either parent or both parents.
As of 2023, 14% of Eastvale households were run by a single mother, with 7% run by a single father. Physical custody is where the child lives on a day-to-day basis. It can include either:
Gathering as much evidence as possible can benefit your case in court. Your lawyer can help you prepare and collect proof in a timely manner. Evidence can include:
Courts want to see parents cooperate when parenting this child. If you show that you’re willing to do so, it’ll help your claim.
Mediation is when both parents meet before going to court, in order to work through their legal issues. With both lawyers present, a professional mediator helps both sides talk through their issues. It’s important to stay calm during this time and focus on what’s right for your child. Mediation keeps control in the parents’ hands. If the issues can’t be resolved, they’ll go to court. A judge will have the final say, which can be detrimental in a custody case.
If both parents can’t agree on a parenting plan, the case will proceed to court, where a child custody evaluation may be ordered. The evaluation is assigned to a licensed mental health professional. There are a few types of evaluations depending on the specifics of your child’s life, but all of them will assess their safety and health. After conducting multiple interviews with the adults in the child’s life, the evaluator will submit their determination to the court regarding custody.
If a parent violates the custody agreements, there are severe legal consequences. When a judge signs a custody agreement, it becomes a court order. If your ex has repeatedly violated the order, you’ll need to notify the court as soon as possible. During this time, it’s important to continue to honor the agreement, even if it doesn’t feel fair. The court will file a contempt motion against the violating parent or request a modification to the current agreement.
If one parent wants to move out of Eastvale and has custody of the child, the court needs to approve the relocation first. Judges will generally allow parents with sole physical custody to move unless the other parent provides evidence as to why the move would harm the child. However, for those with joint custody, the parent who wants to move has to provide evidence showing that it will benefit the child.
Contact our office today to learn how we can help you. No one should have to go through a child custody battle alone. The team at All American Law is proud to be a part of our clients’ support systems during tough times in life.