Child Custody Attorney
San Bernardino County | CFLS
Protecting Your Children's Best Interests
Child custody decisions shape your family's future for years to come. Whether you're going through a divorce, separation, or need to modify an existing custody order, the stakes couldn't be higher. Every parent wants what's best for their children—but when parents disagree, the process can become emotionally charged and legally complex.
At Lewis Legal Group, we help parents in San Bernardino County navigate custody matters with clarity and purpose. As a Certified Family Law Specialist, Heather Lewis understands the nuances of California custody law and the local practices of San Bernardino County courts.
Understanding California Child Custody
California law focuses on one central question in every custody case: What arrangement serves the child's best interests? This standard guides every custody decision, from initial orders to modifications years later.
Legal Custody vs. Physical Custody
California recognizes two distinct types of custody:
- Legal custody — The right to make important decisions about your child's life, including education, healthcare, religious upbringing, and extracurricular activities
- Physical custody — Where your child lives on a day-to-day basis and who provides routine care
Each type of custody can be awarded jointly (shared between parents) or solely to one parent, creating four possible combinations.
Joint Custody vs. Sole Custody
California courts generally prefer arrangements that allow children to maintain strong relationships with both parents. Joint legal custody is common, ensuring both parents participate in major decisions. Joint physical custody can range from equal 50/50 time-sharing to arrangements where one parent has the child most of the time with substantial visitation for the other.
Sole custody may be appropriate when one parent poses a risk to the child's safety, has substance abuse issues, or is otherwise unable to provide appropriate care. Even in sole custody situations, the non-custodial parent typically has visitation rights unless supervised or no contact is ordered.
Factors Courts Consider
When determining custody, California judges evaluate the child's best interests by considering:
- The child's health, safety, and welfare
- Each parent's ability to provide a stable, nurturing environment
- The child's emotional bond with each parent
- History of abuse, neglect, or domestic violence
- Each parent's willingness to foster the child's relationship with the other parent
- The child's ties to their home, school, and community
- The child's preferences (if old enough to express a reasoned opinion)
- Each parent's mental and physical health
Importantly, California law explicitly prohibits considering a parent's gender. Mothers and fathers are treated equally.
Custody Mediation in San Bernardino County
Before any contested custody hearing in San Bernardino County, parents must participate in custody mediation through Family Court Services. This mandatory process aims to help parents reach agreement without court intervention.
San Bernardino County uses a recommending mediation model—if parents cannot agree, the mediator will make a recommendation to the judge. This recommendation carries significant weight, making preparation for mediation crucial.
A Certified Family Law Specialist can help you:
- Prepare effectively for mediation
- Understand what to expect from the process
- Develop a proposed parenting plan that demonstrates your commitment to your child's best interests
- Respond strategically if the mediator's recommendation is unfavorable
Move-Away Cases
When a custodial parent wants to relocate with the child—whether across town or across the country—it can significantly impact the other parent's relationship with the child. California law gives a parent with primary custody a presumptive right to move, but the other parent can challenge the relocation.
In contested move-away cases, courts consider:
- The child's interest in stability and maintaining relationships with both parents
- The reasons for the proposed move
- How the move would affect the non-moving parent's relationship with the child
- Whether a modified visitation schedule can adequately preserve the parent-child relationship
Whether you're a parent seeking to relocate or opposing a move, a CFLS can help you navigate these complex cases.
Modifying Custody Orders
Custody orders are not permanent. When circumstances change significantly, either parent can request a modification. Common grounds include:
- A parent's relocation
- Changes in work schedule or living situation
- Concerns about the child's safety or well-being
- The child's changing needs as they grow older
- One parent's failure to follow the existing order
To modify custody, you must show both a significant change in circumstances and that the modification serves the child's best interests.
Frequently Asked Questions About Child Custody
How is child custody determined in California?
California courts determine child custody based on the "best interest of the child" standard. Judges consider multiple factors including the child's health, safety, and welfare; the child's emotional bond with each parent; each parent's ability to provide a stable, nurturing environment; history of abuse or substance issues; and the child's ties to their school, home, and community. In San Bernardino County, parents are typically required to attend custody mediation before any court hearing on contested custody issues.
Does the mother always get custody in California?
No. California law explicitly prohibits judges from considering a parent's gender when making custody decisions. Both parents are presumed equally capable of caring for their children. The court's sole focus is the child's best interests, not which parent is the mother or father. In practice, many custody arrangements result in some form of shared custody.
What are the types of child custody in California?
California recognizes two types of custody: Legal custody refers to the right to make important decisions about a child's life, including education, healthcare, and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis. Both types can be awarded jointly (shared between both parents) or solely to one parent.
Can child custody orders be modified?
Yes, custody orders can be modified when there is a significant change in circumstances. Common reasons for modification include a parent relocating, evidence of abuse or neglect, changes in work schedules that affect parenting time, the child's changing needs as they grow older, or concerns about substance abuse.
Can a custodial parent move out of state with the child?
A parent with primary physical custody has a presumptive right to relocate with the child, but they must provide written notice to the other parent at least 45 days before the proposed move. The non-custodial parent can file a motion objecting to the relocation. The court will then evaluate whether the move serves the child's best interests.
California Legal Resources
Child Custody Attorney Serving San Bernardino County
We provide child custody representation throughout San Bernardino County, including:
- Victorville Child Custody Attorney — Our office is in Victorville
- Apple Valley Family Law Attorney
- San Bernardino Family Law Attorney
Discuss Your Custody Case
A Certified Family Law Specialist can help you understand your custody options and develop a parenting plan that protects your relationship with your children. Contact us today to schedule a consultation.