Child Custody / Child Support Issues in San Francisco

Thank you for visiting My San Francisco Family Law Attorney. There is nothing more important than the secure future of your children. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around San Francisco.

At the Family Law Offices of “insert attorney name” in San Francisco we can assist you on all matters relating to child custody, including visitation schedules. We know that these are stressful times for you and your family and we will give you the personal attention you need.

San Francisco Child Support and Child Custody Overview

California courts consider the best interest of the child when determining child custody.
Statistics show that 25% of children live in a single-parent home in the United States.
Federal and State laws are very strict in enforcing child support payments.

Child Custody In San Francisco

The court’s #1 priority in determining custody is the child’s best interests.
A private custody evaluation by a psychologist will be ordered by the court-appointed mediator if:
- The parents cannot reach an agreement regarding custody
- If domestic violence is involved
- If there is drug or alcohol abuse in the home
The evaluator will interview both parents and the children if they are not too young.
- The evaluator can require the parents to undergo psychological tests or drug tests if necessary.
- When the evaluation is over, a detailed report will be forwarded to the court for custody determination.
Other factors taken into consideration for custody determination by the court are:
- The mental and physical health of each pare
- The ability of each parent to care for the child
- The lifestyle of each parent
- The relationship between parent and child
- If the child is old enough – who does he or she want to live with
Sometimes children will be able to split time at each parent’s home for weeks at a time.
If only one parent is awarded physical custody, the other parent will receive visitation rights.

Child Custody Types

Joint Legal Custody
- California courts favor Joint Legal Custody
- Continued contact with both parents
- Both parents share making major decisions pertaining to:
  - Day-to-day general welfare matters
  - Medical care
  - Education
  - Religion
Other Joint Legal Custody
- Alternating years, 6-month periods of time, split the weekend or weekday arrangement.

Primary Physical Custody
- Primary residence of the child
- After age 14, the child can tell the court where he or she would like to live
- You provide daily care.
- The other parent will have visitation rights.
- Joint physical custody is not awarded often – too demanding on the children
Joint Physical Custody
- The child splits his or her time with each parent.
- Custody time can vary; not always equal.

Sole Physical Custody
- Court doesn’t often award Sole Physical Custody
- The child lives with one parent.
- This parent makes all legal decisions.
- The other parent has visitation rights.

Visitation Rights in San Francisco

The parent who does not have primary physical custody of the child is entitled to visitation rights.
San Francisco requires the parents to meet with a family court mediator before a visitation schedule will be set.
The mediator will give the court their recommendations for a visitation schedule.
- The schedule consists of:
  - Days and times of visits
  - Visits are usually every other weekend
  - Alternating holidays
  - Time during summer vacation

Relocation Orders or "Move Aways"

Relocating a child requires adhering to the custody agreement in the jurisdiction of the child’s primary residence.

Move-Aways
- When one parent wants to relocate to another state.
- The court will allow the move unless it interferes with the best interests of the child.
- Child custody issues need to be discussed:
  - Visitation will have to be modified
  - How far is the move?
  - Will it affect the relationship with non-custodial parent?
  - Does the child want to move?
  - Non-custodial parent’s decision-making rights could change

San Francisco Child Support

It is the responsibility of both parents to support their child.
California statute does not discriminate as to who should pay support – the mother or father.
If the parents can reach a mutual agreement on the amount of support, the court will honor that.
If the parents cannot agree on an amount, the judge will determine it for them.
The court uses a predetermined statute formula.
The amount of child support is determined by:
- The income of both parents
- The time each parent spends with the child
- How many children
- Who pays for medical/dental insurance
- The standard of living that the child was used to is sometimes considered.
Child support is paid until the child reaches 18 or:
- Until he or she graduates from high school
- Is emancipated
- Get married
- Goes into the military
- Dies
California laws are strict regarding child support.
- If you fall behind or refuse to pay, it will result in wage garnishment.

San Francisco Child Support Modifications

A child support order must be followed exactly.
If circumstances change drastically (reduction in your salary) and you need lower payments, you must file a motion with the court before the payment can be lowered.
Do not change the payments on your own; you can face major consequences such as:
- Wage garnishment
- Driver’s license suspension
- Being denied a U.S. passport

Conclusion
Child custody and child support issues can be complicated. We have the experience and knowledge to help you through this stressful time. Call us at the Family Law Offices of “insert attorney name” in San Francisco. When faced with uncertainties, our attorneys are here to help you.