Are you looking for a child custody lawyer in Mountain View, CA?
At Schank Family Law, we arrange confidential consultations with an experienced Mountain View child custody lawyer.
Our Mountain View, CA child custody lawyer represents parents in initial custody orders, age-based parenting plans, cases involving safety concerns, and modifications as children grow. Schank Family Law has been devoted to family law since 2003. Get in touch to talk about your custody case.
Child Custody Lawyer Mountain View, CA
Who decides custody when parents cannot agree? A judge makes that decision after the parents attend court mediation, applying California’s best interest standard to the facts of the case. A child custody attorney represents one parent through mediation, temporary orders, and any contested hearing, and prepares the evidence the judge will weigh in deciding legal custody, physical custody, and the parenting schedule.
More than 21% of Mountain View residents are between 30 and 39 years old, according to city demographic data. Custody schedules must fit the age of each child, and a plan written for an infant or toddler follows different considerations than one written for a teenager. A Mountain View child custody lawyer drafts plans that anticipate those changes rather than requiring a return to court at every stage.
Types of Child Custody Cases We Handle in Mountain View
Custody matters change as children grow and as family circumstances shift. We represent Mountain View parents in the following situations.
- Initial parenting plans. The first custody order sets the pattern the family will follow. We draft schedules that match each child’s age, school, and activities, with clear exchange terms.
- Divorce. For married parents, the custody schedule is decided inside the divorce case and entered with the rest of the judgment. We align the schedule with the support and asset terms so the orders work together.
- Custody with domestic violence findings. When abuse has been found, a presumption against custody applies to the parent who committed it. We represent protected parents seeking safe orders and parents working to rebut the presumption with evidence.
- Supervised visitation. When unsupervised contact is not appropriate, a court can order visits or exchanges to take place in the presence of a professional monitor. We address when supervision should begin, how it works in practice, and when it can end.
- High-conflict cases and parallel parenting. Some parents cannot communicate directly without conflict. We request orders that limit contact between the parents, such as written communication rules and neutral exchange locations.
- LGBTQ divorce. Same-sex parents have the same custody rights as any other parents once legal parentage is established. We handle custody alongside the other issues in the dissolution.
- Unmarried parents. Parents who never married must establish legal parentage first, and custody orders follow from there. We handle the parentage and custody requests together.
- School and residence changes. A move within the region can change which school a child attends. We address how school designation is handled in the order and which parent’s address controls enrollment.
- Holiday and vacation schedules. Holidays, school breaks, and summer travel cause frequent disputes when the order is vague. We draft rotations by year and set notice requirements for vacations so each parent knows the schedule well in advance.
- Modifications as children grow. A schedule designed for a preschooler rarely works for a middle school student. We request updated orders when a child’s needs, activities, or maturity call for a different arrangement.
Why Choose Schank Family Law as my Child Custody Lawyer in Mountain View, CA?
Parenting Plans Built Around Each Child’s Age
A parenting plan should reflect where the child is developmentally, not only what the parents want. Our plans are drafted with those stages in mind:
- Infants and toddlers. Shorter, more frequent contact with both parents, consistent routines, and attention to feeding and sleep schedules.
- School-age children. Schedules built around the school calendar, homework, and activities, with defined holiday rotations.
- Teenagers. Greater flexibility for jobs, sports, and social commitments, and room for the teen’s own input where appropriate.
- Transitions between stages. Built-in review points or step-up provisions so the plan can change without a new court battle.
Christian Schank and Our Firm
Since his admission to the California bar in 2003, Christian Schank has built a firm devoted to family law, after starting in law firm management in 1998. The Martindale-Hubbell AV rating he received in 2000 reflects peer review of his legal ability and ethics, and Lead Counsel verified his family law work in 2015. Custody is one of several issues we handle as a family lawyer in Mountain View, CA, which allows the child support and property questions in the same case to be addressed together. Parents do not need to coordinate between separate firms for related issues.
Understanding Child Custody Cases
What Should You Bring to Your Child Custody Consultation?
The documents you bring help us understand both the children’s needs and any concerns about safety or stability.
- Any existing custody, visitation, or restraining orders
- School records, report cards, and information about each child’s activities
- Medical, counseling, or developmental records relevant to the children’s needs
- Police reports, protective orders, or other documents if safety is a concern
- Notes describing today’s schedule and each parent’s role in daily care
We will explain how the court is likely to view the current arrangement and what evidence would support the plan you are seeking. You will know which issues matter most before the first hearing. If safety is a concern, we will also discuss whether emergency or protective orders should be requested right away.
Custody Types, the Best Interest Standard, and Domestic Violence Findings
California separates decision-making from residence and applies a single standard to both. The core principles are:
- Legal custody governs choices about schooling, medical care, and the child’s general welfare, and it can be joint or sole
- Physical custody concerns where the child resides day to day, and it can be split between both homes or centered on one
- The best interest standard weighs the child’s safety and wellbeing, any history of abuse, and the nature of the child’s contact with each parent
- A finding that a parent committed domestic violence creates a rebuttable presumption against awarding that parent custody
- California’s definition of domestic violence is broad and includes conduct beyond physical harm
These principles apply to married and unmarried parents alike, and to parents in same-sex relationships once parentage is established. Further detail from an attorney can help you understand more on sole custody and on California’s broad definition of domestic violence explains how those terms are applied.
What Are Important Aspects of a Child Custody Case?
Several issues shape how Mountain View custody cases are decided.
- Developmental needs. Courts consider a child’s age and stage of development when deciding how time is divided. Research on adverse childhood experiences has influenced how courts and evaluators think about stability and conflict.
- Rebutting a presumption. A parent subject to the domestic violence presumption must show, with specific evidence, that custody would still serve the child’s best interest. Guidance from a lawyer on rebutting the presumption will help explain the factors involved.
- Safe mediation. When abuse is alleged, parents have the right to meet separately with the mediator, as the California Courts explain in their guide to separate mediation sessions.
- Credibility with the judge. How a parent presents evidence and conducts themselves in court affects the result, and being aware of the family law judge is part of preparing for a hearing.
What Is The Child Custody Case Timeline?
A custody request typically begins with filing and service on the other parent, followed by county mediation before the first hearing. If the parents reach agreement in mediation, the terms can be submitted to the judge as a proposed order. If they do not, the judge issues temporary orders that govern until a final decision. Cases involving safety concerns may begin with emergency orders issued on short notice. When a domestic violence restraining order is requested at the same time, the restraining order hearing can produce temporary custody and visitation orders of its own, and those orders often shape the rest of the custody case.
Contested cases can involve a custody evaluation, additional hearings, and eventually an evidentiary hearing or trial. Once a final order is entered, it remains in place until a parent shows a change in circumstances that justifies a new order, and the custody modification process follows its own steps. For families with young children, planned review points can reduce the need for repeated modification requests.
Mountain View Family Court and Local Resources
Custody cases from Mountain View are heard in San Jose by the county Superior Court’s family judges, and parents who disagree must first try court mediation. The court’s custody self-help explains local filing steps and mediation requirements, and the court also publishes a list of supervised visitation providers that have declared they meet state standards.
Parents working out school arrangements can check the Mountain View Whisman School District’s school boundaries map to see which neighborhood school serves each address. Statewide parenting plan resources from the California Courts cover plans for children of different ages. Families who need supervised exchanges rather than supervised visits can find those services on the same provider list. These organizations are not affiliated with Schank Family Law.
Reach Out to Schank Family Law to Schedule a Consultation
A parenting plan works best when it fits each child’s age and circumstances. Contact us and share the basics of your custody situation to begin a free case evaluation. Our intake specialist will review the details you provide and recommend whether a consultation with one of our attorneys should follow. Inquiries receive a prompt response.