Torrance Child Custody Attorney

How Is Child Custody Determined in California?

When a judge determines child custody in California, the primary consideration is the best interests of the child. There are various factors used to decide this including:

• Health and safety of the child – This includes living environment, parental capabilities, and more.
• Child’s preference – If the judge believes the child is mature enough to have a preference, then that will be considered.
• Parental cooperation – It is ideal if the parents can work together without trying to interfere with the other parent’s relationship with the child.
• Stability of the child – If possible, the judge will not want to pull the child from their normal routines and environment. Ideally, the child will stay with the primary caregiver. Additionally, the judge will strive to keep any siblings together.

Our Torrance child custody lawyers can help you navigate the intricacies of California family law. These cases can be complex, particularly when the best interests of your child are at stake and numerous issues can affect a final custody decision. It is important to ensure that your child's rights are not sacrificed because one parent wants time with the child.

We handle many factors that can impact a custody arrangement, such as:

Unfortunately, many of the above issues can also become problematic following divorce, which may create a need for one parent's custody rights to be taken away. We can represent you in these matters as well, and can help protect what matters most to you – your child.

To speak with our experienced Torrance child custody lawyers, give us a call at (310) 904-6648 or contact us online today.

What Are My Custody Rights as a Mother?

As a primary rule, any mother that isn't married will be awarded primary custody of the child. This essentially means that they are responsible for the following:

• A safe home.
• The education of the child, which means choosing an appropriate school as well as ensuring that they have the transportation to get there.
• Any healthcare the child may need.
• Extracurricular activities.

Be aware that if the father is able to establish paternity, he then will have the opportunity to make these decisions with you.

In real life, these rights and responsibilities often intersect with child support, work schedules, and the availability of extended family. Unmarried mothers in Torrance frequently need to coordinate school pick-ups, medical appointments, and childcare with a parent who may not yet have clearly defined court-ordered time. We can help you understand how your day-to-day caregiving role may be documented and presented to the court, and how to respond if the other parent suddenly seeks more time or decision-making power. By taking a proactive approach, you can reduce conflict and create a more predictable routine for your child.

Are you facing a child custody dispute? Do you have questions about your parental rights? You need to work with a custody lawyer who understands how weighty these matters are. At Patricia Barberis, A Law Corporation, you are never just a case number in our eyes. We care about each client individually and treat them as if they were lifelong friends of ours.

Who Has Custody of a Child When the Parents Are Not Married in CA?

By California law, any unwed mother is automatically awarded sole custody of her child. This is under California Family Code Section 7610. Unless the court files an order against the mother, she will be able to determine and arrange the amount of contact the father has with the child. Keep in mind, if the father establishes paternity, then he will have the same rights to making decisions for the child as the mother would.

For parents in this situation, the next steps usually involve filing a case in the appropriate Los Angeles County family court to formally address custody, visitation, and child support. Establishing paternity can occur through signing a voluntary declaration or through court-ordered genetic testing. Once paternity is legally recognized, the court will look at both parents’ histories of caregiving, any safety concerns, and the child’s current routine before issuing orders. We walk parents through each stage, from completing initial paperwork to preparing for mediation or hearings, so that they understand what the judge will consider and how to document their relationship with their child.

We are prepared to deliver compassionate counsel to help you determine your child's best interests. While we will work to achieve an amicable agreement on child custody, we are ready if need be to mount a fierce defense of you and your child's rights. Do not hesitate to find out how we are qualified to help you and your family.

Legal Custody and Physical Custody of Your Child

The life of your child should be delicately balanced, to say the least, and cannot be approached as if it were only a single-sided issue. To this end, there are actually two distinct types of child custody in California: legal custody and physical custody. Depending on your living situation, the best interests of your child, and your ex-spouse’s own circumstances, you could win rights to one, both, or neither form of custody.

• Legal custody - The parent who is granted legal custody is permitted to make important life decisions for the children, such as where they should go to school, what religious upbringing they follow, and how their health is monitored and maintained.
• Physical custody - This is more straightforward but no less important – physical custody determines where the children live. If you win sole physical custody, they will live only with you and visit your ex. Joint physical custody typically splits their living situation in half, one way or another, or as close to evenly as possible.

In many Torrance families, one parent may have joint legal custody while the child primarily resides with the other parent during the school week. Understanding these nuances is important when you are negotiating a parenting plan or preparing for a hearing. Legal custody also affects issues such as out-of-state travel, changing schools, or authorizing therapy for a child. When disputes arise over these decisions, courts expect parents to show that they considered the child’s needs first and attempted reasonable communication. We help you evaluate which combination of legal and physical custody is realistic in your circumstances and how to present a proposal that supports your child’s stability.

Understanding the Different Types of Child Custody Arrangements in Torrance

Child custody arrangements can be complex, and understanding the various types can help you make informed decisions that best suit your family's needs. In California, there are primarily two types of custody: legal custody and physical custody.

Additionally, custody can be categorized into several arrangements:

• Sole Custody: One parent has full legal and physical custody of the child.
• Joint Custody: Both parents share legal and/or physical custody, allowing them to make decisions together and share time with the child.
• Split Custody: This arrangement is less common, where siblings may be split between parents, with each parent having custody of one or more children.

Courts in California usually prefer arrangements that keep both parents involved, as long as it is safe to do so. In practice, this might look like one parent having the majority of school nights while the other has alternating weekends, holidays, and extended summer time. Parenting plans can also include detailed provisions for communication, transportation, and how to handle special events or travel. When we work with you on a proposed schedule, we consider your work hours, the child’s school and activities, and the distance between homes so the plan is realistic and sustainable over time.

Choosing the right custody arrangement is crucial for the well-being of your child. Our experienced attorneys at Patricia Barberis, A Law Corporation, are here to guide you through the process, ensuring that your child's best interests are prioritized. We take the time to listen to your unique situation and help you navigate the legal landscape of child custody in Torrance, CA.

Child Custody Order Modifications and Enforcement

If necessary, we can also guide you through the process of modifying your child custody order. As a child's needs are always changing as they grow, it is wise to reevaluate your custody orders on a yearly basis. A Torrance divorce lawyer can help you review the custody order to make sure it still serves the best interests of your children.

For a court order to be modified, you will need to show that there has been a significant change in circumstances.

Common changes in circumstances include a child starting school or moving to a new grade level, a parent’s work schedule shifting to nights, or a relocation that affects travel time between homes. Sometimes a child’s medical or educational needs become more complex, requiring adjustments to who attends appointments or provides weekday care. When these changes occur, it is important to document them with calendars, school records, or communications before filing a request. We work with you to gather this information and to prepare a clear explanation for the court about why the old orders no longer work and how your proposed modification better supports your child.

Enforcing court orders is a different situation altogether. Sometimes an order is broken inadvertently, perhaps due to unclear specifications in the agreement. Your spouse might come to your child’s birthday party, unaware that they were barred from doing so, for example. Other times, the problem could be more serious, such as your spouse intentionally disregarding the regulations.

If the other parent of your child refused to follow child custody orders, you may have to:

• Contact your child custody lawyer.
• Notify law enforcement officials and request assistance.
• Create a contempt action through the legal system.

When all is said and done, proper enforcement is critical for everyone’s safety and happiness. If you are experiencing troubles with your ex-spouse and how they are disrespecting custody orders, do not hesitate to seek help.

Understanding the Impact of Child Custody on Your Family

Child custody decisions can have a profound effect on the dynamics of your family. It’s essential to understand not only the legal implications but also the emotional and psychological impacts on your children. At Patricia Barberis, A Law Corporation, we prioritize the well-being of your children and strive to create custody arrangements that foster healthy relationships and provide stability.

Here are some key considerations to keep in mind:

• Emotional well-being: Children thrive in environments where they feel secure and loved. Our legal team will work with you to develop custody plans that promote emotional stability.
• Co-parenting strategies: Effective communication and cooperation between parents can significantly benefit your child's adjustment to custody arrangements. We offer guidance on co-parenting techniques that can ease transitions and conflicts.
• Long-term planning: Child custody is not just about the present; it is about your child’s future. We help you consider how custody arrangements will affect your child as they grow, ensuring that their best interests remain at the forefront.
• Support resources: Navigating custody issues can be challenging. We provide access to additional resources, such as counseling services and parenting classes, to support you and your family throughout the process.

As a family law firm that has served South Bay parents for decades, we have seen how thoughtful parenting plans can reduce stress for children over time. Building in predictable routines, such as consistent exchange times and clear holiday schedules, helps kids know what to expect and minimizes confusion. We also encourage parents to consider how they will communicate about school, medical issues, and activities so that children do not feel caught in the middle. When needed, we can coordinate with therapists or other professionals to ensure your legal strategy aligns with your child’s emotional needs.

By understanding the broader impact of custody decisions, you can make more informed choices that prioritize your child's needs. Contact us today to discuss how we can help you navigate these complex issues with compassion and insight.

To speak with our experienced Torrance child custody lawyers, give us a call at (310) 904-6648 or contact us online today.

Child Custody FAQs

• What are the different types of child custody in California? - There are two different types of child custody that a parent can seek over his or her child: physical custody and legal custody. Physical custody decides which parent the child will live with. Meanwhile, legal custody establishes how much decision-making power each parent has in the child's life. These decisions usually pertain to things like childcare, the child's medical treatment, education, involvement in extracurricular activities, travel, and more.
• What are the different types of physical custody? - If a parent has sole physical custody, the child lives with that parent 100% of the time. If the parent has primary custody, this means that the child lives with that parent most of the time, with the other parent getting visitation rights. When the child switches off living with both parents and spends a significant amount of time with each one, the parents have joint physical custody.
• What are the different types of legal custody? - If both parents make important decisions in the child's life, they have joint legal custody. If only one parent has authority to make such decisions, then he or she has sole legal custody. A parent can be granted joint legal custody even when he or she does not have joint physical custody.
• Can the child decide which parent he or she wants to live with? - California law states that a child's preference of which parent to live with should be given a good amount of consideration when the child is of "sufficient age" and is able to reason intelligently. State law does not specify an age, but it does state that a child age 14 or older who wishes to address the court in a custody case should be allowed to do so (unless doing so would not be in the child's best interest). Younger children may also be allowed to speak in court, at the judge's discretion. Just because a child shares his or her preference, this does not force the court to rule in the child's favor. It is still up to the court to determine which custody arrangement is most beneficial for the child.
• What if I need to change a custody order? - If a parent wants to change a child custody order, that person has two options: 1) reach a formal agreement with the other parent and have it approved by the court, or 2) file a petition for a modification. If a petition for modification is filed, the petitioning parent will need to prove that there was a major change in circumstances that merits the change. It will also need to be proven that this modification is best for the child's well-being. The court will decide whether to grant the modification after both parents present their arguments.

Working With a Torrance Child Custody Lawyer

When you decide to move forward with a custody case, knowing what to expect from the process can ease some of the stress. From our first meeting, we take time to learn about your family, your goals, and any urgent concerns such as safety, school changes, or planned moves. We then explain how cases typically progress in the Los Angeles County Superior Court, including filing the initial paperwork, attending mediation, and appearing at hearings if needed. Our aim is to help you feel prepared at every step, rather than surprised by unfamiliar procedures.

During your case, communication is critical. We discuss the best way to exchange information and documents with you, whether that is by phone, email, or scheduled in-person meetings at our Torrance office. Before key dates such as mediation or a court appearance at the Torrance courthouse, we will review what will happen, what questions you may be asked, and how to present your concerns clearly and respectfully. This preparation allows you to focus on telling your story and explaining what you believe is best for your child.

Many parents want to know how long a custody matter will take and how involved they will need to be. Timing depends on the complexity of your situation, the court’s calendar, and whether you and the other parent are able to reach agreements along the way. We outline possible timelines early on, identify any issues that could delay resolution, and suggest practical steps you can take now—such as keeping a parenting log or gathering school and medical records—to strengthen your position. Throughout the case, our role is to guide you, answer your questions, and stand beside you in negotiations and in the courtroom when necessary.

The Child Custody Process in Los Angeles County Courts

Most Torrance custody cases are heard in the Los Angeles County Superior Court, which has specific procedures for families with disputes over parenting time and decision-making. After a case is filed, the court often requires parents to participate in mediation through Family Court Services before a judge will make long-term orders. Mediation is an opportunity to discuss schedules, holidays, and communication with a neutral professional who understands how local judges tend to approach these issues. We help you prepare for mediation by clarifying your priorities and exploring reasonable options so you can use that time productively.

If mediation does not result in a full agreement, the court may schedule a hearing where each side presents information about the child’s needs and the history of parenting. At that point, having organized records, clear testimony, and a realistic proposal becomes very important. Our team draws on decades of experience in South Bay family courts to assemble a focused presentation, including any reports from therapists, teachers, or other professionals who know your child. We also explain courtroom etiquette and what you can expect from the judge’s questions so you feel more confident walking into the courthouse.

Even after final custody orders are issued, the court in Los Angeles County keeps authority to modify them if circumstances change. This means that your parenting plan should be drafted with an eye toward the future, not just the next few months. We help you think through potential changes—such as new jobs, remarriage, or a child’s evolving activities—and, when appropriate, build flexibility into your plan. By understanding how judges in our local courts review requests for modification and enforcement, you can make informed decisions from the start and reduce the likelihood of repeated litigation over the same issues.

Torrance Child Custody Lawyers with 70 Years of Combined Experience

How are we qualified to provide the legal support you need? For one thing, Torrance divorce attorney Colleen Barberis has served as a court-appointed minor's counsel, representing minors in child custody and divorce disputes. She was entrusted with determining a child's best interests, and then taking the appropriate legal actions to preserve those interests.

Other reasons to team up with our Torrance child custody attorneys:

• Our family law firm has served South Bay since 1977.
• We are a mother and daughter legal team.
• Our counsel is informed by experience as a former L.A. County mediator.
• We provide polite, personalized counsel and tenacious advocacy.

​If a judge is making your custody order, then he or she will decide what is best for a child's "health, safety, and welfare" (California Family Code § 3020). Generally speaking, California courts favor joint custody and plans that provide adequate parenting time to both the father and the mother. There are no guarantees, however, particularly when a stranger is the one deciding your child's fate. But with the guidance of the right attorney, you could have more influence over your custody arrangement. Whether through an uncontested divorce or mediation, we can help you and the other parent stay focused on your child's interests to create your unique parenting plan.

Protecting Your Child's Best Interests in Custody Disputes

At Patricia Barberis, A Law Corporation, we understand that child custody disputes can be emotionally draining and overwhelming. Our experienced Torrance child custody lawyers are dedicated to protecting your child's best interests and helping you navigate the complexities of the legal process.

We believe in advocating for our clients while also promoting healthy co-parenting relationships whenever possible. Our team takes a compassionate and strategic approach to child custody cases, working closely with you to understand your unique situation and goals.

Whether you are seeking sole or joint custody, we can help you understand California's custody laws and how they apply to your case. We can also guide you through modifications and enforcement of custody orders, as well as address any other custody-related concerns you may have.

The goal of our Torrance child custody attorneys is to provide you with the guidance and support you need to make informed decisions that protect your child's well-being and your own interests. Contact our team today to schedule a consultation and learn how we can help you in your child custody case.