Reliable California Child Custody Attorneys
Protecting your parental rights and your child’s well-being with clarity, compassion, and legal precision. At the Law Offices of Faud Haghighi, we help families navigate child custody and visitation disputes with understanding and strength — ensuring every decision serves the best interests of your child.
Protecting What Matters Most — Your Children
Few legal matters are as sensitive or deeply personal as child custody disputes. When parents part ways, the question of who a child will live with and how decisions about their upbringing will be made can quickly become overwhelming. California’s custody laws aim to preserve stability, safety, and meaningful relationships for children — but navigating the process requires knowledge, patience, and skilled legal guidance.
At the Law Offices of Faud Haghighi, we approach every custody case with compassion and precision. We know your children are your top priority, and we make them ours too. Whether you’re pursuing joint custody, primary custody, or simply trying to reach a fair visitation plan, our goal is to help you build a balanced arrangement that supports your child’s happiness and your parental rights. With deep experience in California family law and divorce courts, Attorney Faud Haghighi provides the clarity and advocacy parents need during one of life’s most challenging transitions.
Child Custody in California
When parents separate or divorce, few issues carry more emotional weight than determining where a child will live and who will make important decisions about their upbringing. In California, child custody laws are designed to protect the best interests of the child — ensuring they have a stable, supportive, and safe environment while maintaining meaningful relationships with both parents whenever possible.
At the Law Offices of Faud Haghighi, we understand that custody matters are deeply personal and often complex. Whether you’re seeking joint custody, primary custody, or need to modify an existing order, our legal team provides strategic and compassionate representation every step of the way. With years of experience handling family law and divorce cases across California, Attorney Faud Haghighi helps parents protect their parental rights while prioritizing their children’s well-being and long-term stability.
Types of Child Custody in California
Legal Custody (Sole and Joint)
Legal custody refers to the right and responsibility to make significant decisions about a child’s upbringing, including matters related to education, health care, and general welfare. Under California Family Code §3006, a parent granted sole legal custody has the exclusive right to make these major decisions. When both parents share decision-making authority, the arrangement is called joint legal custody.
Joint Legal Custody
This is the most common custody arrangement in California and reflects the court’s public policy favoring “frequent and continuing contact” between both parents after separation, as outlined in Family Code §3020(b). In a joint legal custody arrangement, both parents must communicate and cooperate when making major decisions affecting the child’s health, education, or welfare. For example, decisions about where the child attends school, medical procedures, or participation in religious activities require mutual agreement.
Joint legal custody does not necessarily mean equal time-sharing — it refers strictly to decision-making authority. Even if one parent spends more physical time with the child, both retain an equal voice in these important choices.
Sole Legal Custody
Under California Family Code §3006, the court may award one parent sole legal custody when it determines that shared decision-making would not serve the child’s best interests. This typically occurs in cases involving domestic violence, substance abuse, neglect, or an inability of the parents to communicate effectively. The parent without legal custody may still access records related to the child’s schooling, health, and welfare (as permitted by Family Code §3025), but they do not share authority over key decisions.
Legal custody is about who makes decisions — not where the child lives. Courts prefer joint legal custody unless there is clear evidence that cooperation is impossible or unsafe.
Physical Custody (Sole and Joint)
Physical custody refers to where the child resides and the division of time between parents. The parent with whom the child lives most of the time is considered the “custodial parent,” while the other is the “noncustodial parent.” Physical custody arrangements define the child’s daily routine, living environment, and stability. The two primary forms are joint physical custody and sole physical custody.
Joint Physical Custody
Under Family Code §3004, joint physical custody means the child spends significant time living with both parents. While it does not require an exact 50/50 time split, the goal is to ensure that both parents remain actively involved in the child’s life. The court considers factors such as the child’s school location, each parent’s work schedule, and the practicality of the arrangement before issuing a joint custody order.
Joint physical custody often works best when parents live relatively close to each other and can maintain consistent communication. Courts favor this arrangement when both parents demonstrate a cooperative attitude and a shared commitment to co-parenting.
Sole Physical Custody
When the court determines that it is in the child’s best interests to live primarily with one parent, it may grant sole physical custody (per Family Code §3007). The noncustodial parent typically receives visitation rights, allowing continued contact and relationship-building with the child. Sole custody orders are more common in cases involving domestic violence, instability, or a parent’s long-term absence.
Even in sole custody cases, California courts generally encourage meaningful visitation between the child and the noncustodial parent unless such contact would endanger the child’s physical or emotional health. The overriding objective is always to support a nurturing and stable environment for the child to thrive.
Physical custody determines where a child lives day-to-day. Legal custody determines who makes the major decisions. Many families have a combination of joint legal custody and primary physical custody awarded to one parent.
The “Best Interests of the Child” Standard
- Health, safety, and welfare of the child
- History of abuse or neglect by either parent (including domestic violence)
- Nature and frequency of contact between the child and each parent
- Substance abuse or other conduct affecting the child’s well-being
- Stability of each parent’s home environment and ability to provide continuity
- The child’s preference (if of sufficient age and maturity)
Additionally, Family Code §3020(c) establishes a presumption favoring joint custody, recognizing that children benefit from frequent and continuing contact with both parents unless such contact is shown to be detrimental. However, this presumption can be rebutted by evidence demonstrating that shared custody would not be in the child’s best interests.
California appellate courts have emphasized that this standard is “an elusive guideline that resists rigid definition,” aiming instead to promote each child’s opportunity to develop into a stable, well-adjusted adult. Each custody case is unique — requiring careful attention to family dynamics, parental capabilities, and the child’s emotional needs. At the Law Offices of Faud Haghighi, we work closely with parents to build strong, evidence-based cases that reflect their genuine commitment to their child’s welfare.
Visitation and Parenting Time
In California, when custody or visitation is in dispute, most counties require parents to participate in mediation through Family Court Services before the matter is heard by a judge. Mediation allows parents to discuss concerns and craft a parenting plan that works for everyone, minimizing stress and conflict.
Courts prioritize stability and emotional safety. A parenting schedule should promote regular contact with both parents while minimizing disruption to the child’s daily life.
Four Types of Visitation Orders
1. Reasonable Visitation
Reasonable visitation orders are flexible, allowing parents to decide on a schedule between themselves. This arrangement works well when parents communicate effectively and maintain mutual respect. It provides the freedom to adjust visitation according to the child’s school calendar, holidays, or special occasions.
However, flexibility can lead to disputes if the relationship between parents deteriorates. If one parent begins to withhold time or if miscommunication arises, the court may later modify the order to a more structured plan.
2. Fixed Schedule Visitation
In cases where predictability is necessary, courts may issue a fixed visitation schedule. This type of order specifies exact days and times for visits, such as alternating weekends, weekday evenings, or holiday rotations. A well-defined plan helps reduce confusion and tension between parents, especially when communication is limited.
Fixed schedules can also include provisions for special occasions such as birthdays, school breaks, and family vacations. Many parents prefer this arrangement because it provides clear expectations and reduces opportunities for conflict.
3. Supervised Visitation
When concerns exist about a child’s safety or emotional well-being, the court may order supervised visitation. During supervised visits, a responsible adult, relative, or professional monitor must be present to ensure the child’s protection. Supervised visitation is often used in cases involving allegations of substance abuse, domestic violence, neglect, or when a parent and child are rebuilding a relationship after a long separation.
The goal of supervised visitation is not to punish a parent but to provide a structured, secure environment for the child until the court determines that supervision is no longer necessary. If progress is shown over time, supervised visits may transition to unsupervised contact or a standard schedule.
4. No Visitation
In rare cases, a court may conclude that any contact with one parent would be physically or emotionally harmful to the child. When evidence of serious abuse, neglect, or psychological harm exists, the court may order no visitation. These decisions are made only after careful consideration and typically require supporting documentation such as police reports, medical records, or testimony from child welfare professionals.
Even in such circumstances, courts generally encourage treatment or counseling for the affected parent and may reconsider future visitation if it becomes safe and appropriate. Protecting the child’s health and safety remains the court’s top priority under Family Code §3020(a).
Modification of Custody or Visitation Orders
Grounds for Modification
To modify an existing custody order, the requesting parent must demonstrate that new conditions make the current arrangement no longer in the child’s best interests. Common reasons include:
- Relocation of one parent that affects the child’s schooling or routine
- Significant changes in work schedules or availability
- Concerns regarding the child’s safety or well-being
- Evidence of substance abuse, neglect, or domestic violence
- Child’s evolving emotional, educational, or medical needs
The court’s guiding principle remains the same: any change must serve the best interests of the child. Judges will assess all relevant factors under California Family Code §3011 before approving modifications.
Requesting a Modification
The process begins by filing a Request for Order (Form FL-300) in the same family court that issued the original judgment. Supporting declarations and evidence must accompany the request, clearly explaining the changes in circumstances. The other parent is formally served with the motion and given time to respond.
Before the hearing, most California counties require Family Court Services Mediation to help parents resolve disputes without returning to trial. If an agreement is reached, the mediator drafts a stipulation for judicial approval. If not, the case proceeds to a formal hearing where the judge will decide whether modification is warranted.
Temporary and Emergency Modifications
In urgent situations — such as when a child’s safety is at immediate risk — the requesting parent may file an Ex Parte Application for Emergency Orders. This allows the court to issue temporary relief before a full hearing. Such orders are typically short-term and require the requesting parent to prove imminent harm or danger.
Modifying a custody order requires precision, evidence, and a clear presentation of how the change benefits the child. The Law Offices of Faud Haghighi helps clients prepare complete, persuasive motions that reflect both the legal and human dimensions of family life.
Enforcing Custody and Visitation Orders
Common Violations
Custody violations can range from subtle interference to outright refusal to return a child. Examples include:
- Denying scheduled visitation or refusing exchanges
- Attempting to alienate the child from the other parent
- Relocating without court approval
- Failing to communicate regarding the child’s welfare or education
If violations persist, the affected parent can file a motion for Contempt of Court under California Code of Civil Procedure §1209. A successful motion may result in fines, community service, or even jail time in severe cases. More importantly, the court may modify the custody arrangement to prevent further disruption to the child’s life.
Documenting Noncompliance
Before filing a contempt motion, parents should maintain detailed records of violations — including messages, call logs, and missed exchanges. Judges rely heavily on consistent documentation to verify patterns of misconduct. In some cases, the court may refer parties to co-parenting counseling or require supervised visitation to rebuild trust.
Working Toward Resolution
While enforcement actions can be necessary, our firm encourages cooperative resolution whenever possible. Often, communication breakdowns or misunderstandings escalate into avoidable disputes. With professional guidance, parents can re-establish clarity, adjust schedules, and refocus on the child’s well-being without additional litigation.
Parental Relocation (“Move-Away”) Cases
Key Legal Standards
Under California Family Code §7501, a parent who has sole physical custody has a presumptive right to relocate. However, that right is not absolute. The noncustodial parent may challenge the move if they can show that relocation would harm the child’s welfare.
In joint custody cases, no such presumption applies — the court must conduct a full best interests analysis before approving or denying relocation. Judges consider:
- The reason for the move (e.g., employment, education, family support)
- The distance and logistical impact on visitation
- The child’s age, relationships, and adaptability
- The feasibility of maintaining frequent contact with the nonmoving parent
Courts also assess whether the move is being made in good faith or to interfere with the other parent’s relationship. If the relocation is approved, the court typically revises custody and visitation schedules to preserve continuity and meaningful access for both parents.
Practical Steps for Parents
Parents considering relocation should provide written notice to the other parent as early as possible. Failing to do so may result in legal penalties or loss of credibility before the court. The Law Offices of Faud Haghighi assists both relocating and objecting parents by filing timely motions, preparing supporting evidence, and ensuring the child’s needs remain the court’s primary focus.
Complex Custody Considerations
Every custody case has unique factors that can shape the court’s approach. In addition to standard custody and visitation issues, California family courts often address related matters such as:
- Substance Abuse and Mental Health Evaluations: Courts may order psychological assessments or drug testing when concerns arise about a parent’s ability to provide a safe environment.
- Third-Party Involvement: Grandparents or guardians may petition for visitation or custody in specific cases under Family Code §§3100–3104.
- Interstate and International Jurisdiction: Custody disputes involving multiple states fall under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which ensures consistent rulings across jurisdictions.
- Parental Alienation: Courts take seriously any effort by one parent to undermine the other’s relationship with the child. Documented alienation can lead to sanctions or custody modifications.
Because of the emotional and procedural complexity involved, having experienced legal counsel is critical. Our firm provides steady guidance through all aspects of litigation — from discovery and evidence preparation to negotiation and, when necessary, trial.
Why Choose the Law Offices of Faud Haghighi
Choosing the right attorney can make all the difference in a custody case. At the Law Offices of Faud Haghighi, we combine extensive courtroom experience with a deep understanding of family dynamics to provide strong yet compassionate representation for parents and families across California.
Experience and Precision
Attorney Faud Haghighi has successfully represented clients in hundreds of family law cases, including complex divorce and custody matters in courts throughout Orange, Los Angeles, Riverside, and San Diego Counties. His approach is strategic and evidence-based, ensuring every case is handled with the diligence it deserves.
Focused on Your Family’s Future
We know that custody decisions shape the future of your family. Our priority is to secure arrangements that protect your child’s emotional and physical well-being while preserving your parental rights. Whether through negotiation, mediation, or litigation, we aim for outcomes that bring stability and peace of mind.
Personalized Attention and Clear Guidance
Every family’s circumstances are unique. From the first consultation, our team takes time to understand your goals, concerns, and priorities. We maintain open communication throughout your case — explaining each step in clear, simple terms so you never feel overwhelmed by the legal process.
Our commitment is simple: to protect what matters most — your children, your rights, and your future.
Frequently Asked Questions About Child Custody in California
1. How does the court determine custody?
California courts follow the best interests of the child standard under Family Code §3011. Judges consider factors such as the child’s safety, health, emotional connection with each parent, and history of care. Stability and a nurturing environment often weigh heavily in the court’s decision.
2. Can custody be shared equally between parents?
Yes. Joint custody — legal, physical, or both — is common when both parents are capable of co-parenting cooperatively. The court encourages frequent and continuing contact with both parents whenever it benefits the child.
3. What if my co-parent violates the custody agreement?
If one parent consistently ignores visitation schedules or custody terms, you can request enforcement through the court. In severe cases, a violation can result in contempt charges or modification of the order to protect the child’s best interests.
4. Do I need an attorney for mediation?
While not required, having a knowledgeable attorney ensures your rights are protected. We help parents prepare for mediation sessions, propose fair parenting plans, and avoid agreements that could create future complications.
5. Can I relocate with my child after a custody order?
It depends on your custody arrangement and the impact of the move on the other parent’s relationship with the child. If relocation significantly affects visitation, you must request court approval before moving. Judges will assess the move’s purpose, distance, and the child’s needs before ruling.
6. How long does a custody case usually take?
Custody cases vary in length. Uncontested matters resolved in mediation may conclude in weeks, while complex cases involving evaluations or trials can last several months. Temporary orders often remain in place to maintain structure during the process.
7. What if domestic violence is involved?
In cases involving abuse or safety concerns, courts apply Family Code §3044, presuming custody with the abusive parent is not in the child’s best interest. The court may order supervised visitation or suspend contact until protective measures are in place.
8. Can custody orders be changed later?
Yes. Custody and visitation orders can be modified if circumstances change — for example, relocation, new work schedules, or health concerns. The requesting parent must show that modification benefits the child’s welfare.
9. What makes your firm different from others?
We balance legal precision with empathy. Unlike high-volume firms, we take on select cases to ensure personalized attention. Our approach is proactive and transparent — focused on long-term solutions that protect your child’s stability.
10. Do you handle cases outside of Orange County?
Yes. We represent clients in family courts throughout California, including Los Angeles, Riverside, and San Diego Counties. Our firm has built a reputation for trusted advocacy and results-driven representation across multiple jurisdictions.
Schedule a Confidential Consultation
When facing child custody disputes, you deserve guidance from an attorney who understands both the legal framework and the emotional challenges involved. The Law Offices of Faud Haghighi offers private, one-on-one consultations to help you make informed decisions about your case.
We’ll listen carefully, explain your rights, and outline a clear plan of action tailored to your family’s needs. Whether you are beginning a custody case, seeking modification, or dealing with enforcement issues, we are ready to stand by your side at every stage.
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Meet the Team
Faud Haghighi, Esq.
Founder & Lead Attorney
Attorney Faud Haghighi brings extensive experience in California family law, handling complex cases involving divorce, custody, and support. Known for his thorough preparation and compassionate approach, he provides clients with the clarity and confidence needed to navigate difficult family matters successfully.
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At the Law Offices of Faud Haghighi, we stand beside parents with the experience, empathy, and determination to protect their rights and their children’s futures. Every family is unique, and we take time to understand your goals before creating a clear legal strategy. Let us help you restore stability and peace of mind. Schedule a confidential consultation today to take the first step toward resolution and a brighter future for your family.