Top 5 Child Custody Questions to Ask Your Local Lawyer

by | Sep 10, 2020 | Custody, Divorce

One of the major issues that can arise from a divorce is child custody. What’s the arrangement going to be? Who will get the kids during the weekend? Wading through child custody procedures can be tough, especially for people who are also going through major life changes at the same time. This is the reason why you need to get your facts straight from an expert who knows the most about child custody. Read on to learn more about the most important child custody questions you should be asking your local lawyers.

What Affects My Chances for Custody? 

There are many factors that can affect how the court will award child custody. Some of these key points include:

  • The age of the child
  • The health of the persons vying for custody
  • Emotional development and other needs of the child
  • The relationship between the child and the individuals applying for custody
  • Any prior record of addiction or instability

State practice can also come into play. There are states that favor joint custody agreements, while other states have a track record for favoring primary custody arrangements and assigning the other parent visitation rights. 

Does the Mother Have a Higher Chance of Being Granted Custody? 

In the past, most courts were inclined to award custody to mothers, especially if the case involved very young children. Fathers often hesitated to file for custody under the mistaken assumption that custody would automatically go to the mother. Today, more and more judges are inclined to see child custody cases through a gender-neutral lens and determine child custody based on which parent can provide a safe, stable home environment for the child. 

Can the Child Choose Which Parent to Live With? 

A child under the age of 18 may be given the chance to tell the court why he or she wants to live with a particular parent, but it is up to the court to make the final decision. In California, the court wants to implement frequent and continuing contact with both parents, regardless of the wishes of the child. 

Can I Regain Custody If I Lose It? 

Yes. A parent who lost custody rights can show the court that he or she is taking steps to become a more competent parent. For instance, holding a steady job, recovering from an addiction, etc. He or she can request a hearing with the court once there is enough evidence that the parent is better suited to raise a child. 

Legal Custody vs. Physical Custody: How are they different? 

Legal custody is the right to make decisions for the child regarding their health, education and welfare. Physical custody is the right to have the child live with you. Usually, parents have joint legal custody, but depending on the dynamics of the particular family, the court may order joint or sole physical custody.

Your Local Lawyers

A child custody process can be time-consuming and emotionally-draining for all parties concerned. Talk to your local child custody lawyer to learn more about the process and how you can improve your chances of being awarded custody of your child. If you’re in the San Ramon area, we can help. Contact our office at  (925) 344-5050.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization