Child Custody Attorney Serving the Cities of Oakland, Fremont, Hayward, Berkeley, and Richmond
From family-friendly activities at Lake Merritt to thousands of acres of walking and hiking trails, not to mention the city’s proximity to countless businesses, it is no wonder that Oakland has become a rapidly growing family destination. The Oakland Zoo, Children’s Fairyland, and the Chabot Space and Science Center are just a few of the attractions that make Oakland a perfect place for many families to call home.
Oakland, Fremont, and Hayward may have a lot to offer, but that doesn't mean that all of those families who choose to make it their home are without issues. The families of Oakland, Fremont, and Hayward still encounter the same legal issues when facing a divorce, adoption, or custody dispute as any other Californian.
Raising a child can be hard no matter where you live, and raising a child with someone you are not in a relationship with can make it even more complicated.
A skilled Oakland, Fremont, and Hayward child custody attorney will understand the difficult nature of even the idea of spending time away from your child, which is why we focus on positive solutions for everyone involved, especially your child.
Experienced Custody Lawyer in Oakland, Fremont, and Hayward, California
When parents decide to separate or get a divorce their children are necessarily impacted in a variety of ways. Provided they are safe and cared for in an appropriate manner, children have the right to enjoy time with both of their parents even when the parents are no longer together. This also means that California parents owe a duty to their children to co-parent effectively so that their children receive the benefit of that time with both parents.
The family court may make any orders regarding the custody of a child, during the child's minority, that seem necessary or proper (Fam. Code § 3022), if the parents are not able to come to an agreement in child custody mediation.
Our skilled Oakland, Fremont, and Hayward child custody lawyers are here to assist parents in Oakland, Fremont, and Hayward with all of their family law needs.
Experienced Child Custody Lawyers in Oakland, Fremont, and Hayward and all of the Bay Area
When determining what custody arrangement is in the best interest of a child, a judge may consider many different factors. Some of those factors include:
- The health, safety, and welfare of the child (Fam. Code § 3011(a)(1)).
- The desires of the child (depending on the age and maturity of the child) (Fam. Code § 3042).
- Any history of domestic violence or abuse by either parent (Fam. Code § 3020(a), 3011(a)(2)(A), & § 3044).
- Habitual illegal use of controlled substances and abuse of alcohol or prescription drugs by either parent (Fam. Code § 3011(a)(4)).
- The nature and amount of contact the child currently has with each parent (Fam. Code § 3011(a)(3)).
California Custody Law gives the court a large degree of discretion, and an experienced child custody attorney can help navigate the factors the court may consider in determining child custody in the state of California.
Child Custody Considerations Applied by Family Courts in Oakland, Fremont, and Hayward, California
Custody and visitation orders are made with the child’s best interests as the determining factor. In evaluating what is in a child’s best interest, the court can consider any relevant facts and circumstances, but it must consider any impact that a particular custodial schedule would have on the child’s health, safety, and welfare.
Parents will either share joint legal custody of their child, or one parent will have sole legal custody of the child. Legal custody has to do with decision-making (i.e. enrollment in school, choosing a doctor and dentist, participation in extra-curricular activities, etc.)
Parents will also either share joint physical custody of their child or one parent will have sole physical or primary physical custody of the child. Physical custody has more to do with where the child will be on any given day and the custody arrangement or schedule the parents will follow.
Additionally, unless a child’s health, safety, and welfare would be undermined, these orders must ensure the child has frequent and continuing contact with both parents. Parental separation is already very complicated, and children often feel torn about the circumstances that will determine where they live, how they will travel, and how much time they get to spend with each parent.
Family Code 3040 (a)(1) also creates a mandate on the family court to consider which parent is more likely to facilitate frequent and continuing contact with the other parent. This provision can create problems for parents who are unable to co-parent and parents who engage in alienating behaviors.
Many child custody cases are filled with complications and intricacies requiring the knowledge and skill of an experienced child custody lawyer. We provide a free consultation to anyone who is seeking to put the best interests of their child first.
How a Child Custody Attorney in Oakland, Fremont, and Hayward Can Help
Navigating the legal landscape of family law in Oakland, Fremont, and Hayward can be frustrating and debilitating, especially when children are involved.
The right attorney can guide you through your family law case, productively reaching child custody agreements outside of court when possible, and vigorously advocating for your interests in court when appropriate.
Contact a California Child Custody Lawyer in Oakland, Fremont, and Hayward Today!
Our Oakland, Fremont, and Hayward, California family law firm fights hard to make the legal system work for our clients. We offer personalized representation to our clients, because no family is the same.
If you or someone you know is dealing with a family law issue in or around Oakland, contact our accomplished and dedicated family law, divorce, and child custody lawyers today by calling (510) 999-3300 or contact us online for a free consultation with our experienced custody attorney, attorney, Colleen Talkov,, who can guide you through the court process in a prompt and clear manner.
Talkov Law Serves Clients Throughout the Oakland Area: