KARL.LEGALKarl Siganporia, Esq. · Certified Family Law Specialist

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Child custody & visitation

Child custody attorney in San Francisco and San Mateo County

Custody orders are made on a thin record and then become very hard to change. The parent who shows up prepared, with a specific plan and credible evidence, usually leaves with most of what they asked for. I prepare custody cases for the San Francisco and San Mateo County family courts, from the first mediation session through evaluations and trial.

What I handle

  • Initial custody and visitation orders in dissolution, parentage and domestic violence cases, including requests for orders when there are no orders at all.
  • Family Court Services mediation preparation. In San Mateo the mediator's recommendation often becomes the order; the session is not the place to improvise.
  • Custody evaluations and minor's counsel: when to request one, how to present to the evaluator, and how to respond to a report that gets it wrong.
  • Move-away cases, both requesting and opposing relocation.
  • Emergency orders where a child is at genuine risk.
  • Modifications when the schedule no longer fits the child's life, and enforcement when the other parent won't follow the order.

How custody cases are actually decided

Judges in both counties see hundreds of these cases a year and have little patience for character attacks. What moves them is specificity: a proposed schedule that accounts for school, commute and each parent's real availability; a documented history of who has done the day-to-day parenting; and a parent who can describe the other parent's strengths without being prompted. Most of my work in custody cases is turning a client's frustration into that kind of record.

Domestic violence and custody

A domestic violence finding within the past five years creates a legal presumption against awarding custody to that parent. It changes everything about how a custody case is handled, whether you are the protected party or the restrained one. See restraining orders.

Questions about custody

What does the court consider in a custody case?

The best interest of the child: health, safety and welfare, any history of abuse, the amount and nature of each parent's contact with the child, and each parent's willingness to support the child's relationship with the other. A finding of domestic violence creates a presumption against custody for the abusive parent.

Do we have to go to mediation?

Yes. Both San Francisco and San Mateo County require a Family Court Services mediation session before a contested custody hearing. In San Mateo the mediator makes a written recommendation to the judge, which makes preparation critical.

Can I get an emergency custody order?

Only on a showing of immediate harm to the child or a risk the child will be removed from the state. Ex parte requests on anything less are denied and cost credibility. When the facts justify it, I can file one within a day.

At what age can a child choose?

There is no magic age. A child fourteen or older who wishes to address the court must be allowed to unless the judge finds it is not in the child's interest; younger children's preferences are considered if they are mature enough to form an intelligent preference. In practice, preferences are usually heard through the mediator or a minor's counsel.

Can I move with my child?

A parent with sole physical custody has a presumptive right to relocate; with joint custody the court decides anew based on the child's best interest. Move-away cases are the hardest cases in family law and should not be started, or opposed, without counsel.

Talk to a specialist before you decide anything.

Most people call after something has already gone wrong. The better time is before. Tell me where things stand and I'll tell you what I would do first.

Request a consultationor call 213.477.3732