Are you looking for a child custody lawyer in Palo Alto, CA?
At Schank Family Law, we provide child custody representation grounded in more than 20 years of work on behalf of California parents.
If Palo Alto parents share joint legal custody, both have the right to take part in decisions about their child’s schooling, health care, and religious upbringing. Disagreements over those decisions can be brought to the court in the same way as disputes over the parenting schedule. Our Palo Alto, CA child custody lawyer represents mothers and fathers in initial custody orders, legal custody disputes, relocation requests, and custody evaluations. Schank Family Law was founded in 2003 as a family law practice and has remained one. Reach our office when you want to review your custody options.
Child Custody Lawyer Palo Alto, CA
How do legal custody and physical custody differ? Legal custody is the right to make major decisions about a child’s life, while physical custody determines where the child lives. A child custody attorney represents a parent on both, from the first parenting plan through later disputes over schooling, travel, or relocation.
Children make up 22.2% of Palo Alto’s 67,609 residents, according to Palo Alto census figures. For each of those children, school enrollment, activities, and travel have to be coordinated across two households once parents separate. A Palo Alto child custody lawyer writes those details into the order itself.
Types of Child Custody Cases We Handle in Palo Alto
Custody cases involve decision-making authority as well as time with the child. We handle the following matters for Palo Alto parents.
- Initial custody orders and parenting plans. When parents separate, the first order sets both legal and physical custody. We draft plans that spell out schedules, decision-making, and how future disagreements will be resolved.
- Legal custody disputes. Joint legal custody does not guarantee agreement. We represent parents in disputes over school placement, medical treatment, counseling, and religious upbringing, and we request tie-breaking authority when joint decision-making has stopped working.
- Divorce. Married parents resolve custody within the dissolution, and the parenting plan becomes part of the judgment. We coordinate custody terms with the support and property provisions.
- Fathers’ rights. California custody law applies without regard to a parent’s gender. We handle parentage and custody for fathers whether or not they were married to the other parent.
- Divorce mediation. Parents who want to negotiate privately can resolve custody through mediation. We represent clients during sessions and review any proposed parenting plan before it is signed.
- Custody evaluations. When the facts are disputed, the court can appoint a mental health professional to evaluate the family. We prepare clients for the evaluation and challenge conclusions that are not supported by the evidence.
- Relocation requests. A parent’s move can make an existing schedule unworkable. We represent parents seeking and opposing relocation, including moves to another state or country, and relocation cases turn on specific factors the court reviews.
- International travel and passports. Orders can require written consent for travel abroad, holding of passports, or other safeguards. We draft travel provisions and request protective orders when there is a risk of a child being removed from the country.
- The child’s preference. A child of sufficient age and maturity may be allowed to share their wishes with the court. We address whether and how a child’s voice is presented, with attention to the child’s wellbeing.
- Modifications and emergencies. Parents who need to change an existing order must show a change in circumstances, and modifying custody orders follows its own procedure. When a child faces immediate danger, we seek emergency custody orders on short notice.
Why Choose Schank Family Law as my Child Custody Lawyer in Palo Alto, CA?
Custody Orders Written to Be Enforced
A custody order is only as useful as its details. Terms such as “reasonable visitation” or “holidays to be shared” leave room for competing interpretations, and a court can only enforce what the order clearly states. We draft orders that specify exchange times and locations, holiday rotations by year, notice and consent requirements for travel, and a method for resolving disagreements over school or medical decisions. When parents reach an agreement in mediation, we review the language before it is signed so that it holds up if either parent later needs to return to court. The same attention applies to orders entered after a contested hearing, where we prepare proposed findings and order language for the judge’s review.
The Attorney Who Founded the Firm
The firm’s founder, Christian Schank, entered law firm management in 1998, five years before the State Bar of California admitted him in 2003. His Martindale-Hubbell AV rating dates to 2000, and his Lead Counsel verification in family law dates to 2015. Our firm also serves Palo Alto families as a family lawyer in Palo Alto, CA, so support and property issues that arise alongside custody do not require a second firm.
Understanding Child Custody Cases
What Is The Child Custody Case Timeline?
The pace of a custody case depends on how much the parents already agree on and whether the court orders an evaluation.
- A request for custody orders is filed and served on the other parent.
- Both parents attend county mediation before the hearing, and any agreement reached there can become a proposed order.
- If there is no agreement, the judge issues temporary orders at the first hearing.
- When facts are disputed, the court may order a custody evaluation, which can add several months.
- The case resolves by agreement or after an evidentiary hearing, and the final order is entered.
Once entered, a custody order remains in effect until the court modifies it.
How California Courts Allocate Decision-Making and Parenting Time
California custody law separates who decides from where the child lives, and a court can award each type of custody differently.
- Joint legal custody lets both parents share major decisions, while sole legal custody gives that authority to one parent
- Joint physical custody divides residential time between both homes, while primary physical custody places the child mainly with one parent
- Labels such as residential custody and sole custody have specific meanings once written into an order
- The court’s central question is the child’s best interest, including safety and each parent’s history of involvement
- California policy supports frequent and continuing contact with both parents, except where that contact would be unsafe
Certain special circumstances, such as abuse allegations or substance use, change how these principles are applied.
What Should You Bring to Your Child Custody Consultation?
The right documents show us both the current arrangement and the decisions that are in dispute.
- Existing orders. Any custody, visitation, or restraining orders, including orders issued in another state.
- School and medical records. Report cards, education plans, and treatment records connected to a disputed decision.
- Travel documents. Passports and records of past international travel, if travel is at issue.
- Communication history. Messages with the other parent about schedules and decisions.
- Proposed schedule. Your preferred parenting plan, even in rough form.
We will tell you which parts of your proposal are likely to be accepted and which will need stronger evidence before the first hearing or mediation session.
What Are Important Aspects of a Child Custody Case?
Custody evaluations deserve particular attention. An evaluator may interview each parent and the child, visit both homes, review records, and speak with teachers or therapists, and the resulting report carries significant weight with the judge. The California Courts describe both full and partial custody evaluations, and preparation for either type should begin as soon as one is ordered. Parents can review the evaluator’s report before the hearing and, when it contains errors or omissions, challenge its conclusions through testimony and other evidence.
Parents can also create problems for themselves while a case is pending, for example by withholding a child after an argument or discussing the case with the child. Reviewing common custody mistakes early helps a parent avoid giving the court reasons for concern. Where parents can agree, the California Courts custody agreement guide explains how an agreement becomes an enforceable court order.
Palo Alto Family Court and Local Resources
Although Palo Alto sits at the northern edge of the county, its custody cases travel to San Jose, where Santa Clara County’s family court hears them. Parents preparing for court mediation can review the California Courts mediation preparation guide, which explains what happens in a session and how agreements are approved.
Two federal resources address travel concerns that appear in many custody cases. The U.S. Department of State explains its passport consent rules for children under 16, which generally require both parents’ approval. Its child abduction prevention guidance describes steps a parent can take when there is a concern that a child could be taken abroad without consent. These agencies operate independently of our firm.
Reach Out to Schank Family Law to Schedule a Consultation
A custody order controls decisions and parenting time until a court changes it. A free case evaluation is the first step: Contact us with a short description of your situation, and our intake specialist will follow up and decide whether it should go to an attorney. We answer inquiries promptly.
