Torrance Parental Rights Attorney

Michael D. Shook, Attorney At Law, wants to help you do what is best for your child or children. Do not hesitate to turn to him if you are facing a custody, visitation, or child support dispute. Since 1994, Attorney Shook has represented parents and grandparents in Los Angeles County and fought to protect their rights.

Whether you need an attorney to guide you through negotiations, take legal action to enforce your parental rights, or handle any other matter of family law, Torrance parental rights lawyer Michael D. Shook has the right skills and experience for the job. 

Send a message online or call (310) 361-2977 to set up a free case review.  

What Are Parental Rights?

California law details rights that parents have to provide and care for, visit, and make decisions for their children. These rights are not exclusive to biological parents. Non-biological parents, grandparents, and a child’s relatives can secure parental rights. 

Those who give birth to a child automatically receive parental rights. An individual married to the person giving birth also automatically obtains them. In other cases, unwed parents, stepparents, and relatives must take legal action to seek parental rights.

However, these rights can be influenced by various factors, including the child's well-being, parental fitness, and the nature of the relationship between the parents. The court’s primary concern in any parental rights case is what is in the best interest of the child.

Here is an overview of the main elements of parental rights under California law:

• Legal Custody: Legal custody refers to the right to make important decisions regarding the child's life, such as decisions about education, healthcare, religion, and general welfare. Parents can share legal custody (joint legal custody) or one parent may have sole legal custody.
• Physical Custody: Physical custody determines where the child will live. Parents may share physical custody, or one parent may have primary physical custody, with the other parent having visitation rights.
• Visitation Rights: Visitation refers to the right of a non-custodial parent to spend time with the child. This can be a set schedule or flexible, depending on the family’s needs and the child’s best interest.

Establishing Paternity in California

Paternity is a legal relationship between a father and child. Establishing paternity grants a person all parental rights and responsibilities. Generally, there are two options for establishing paternity: voluntary declaration of paternity (VDOP) and court action. A VDOP allows parents to acknowledge and establish paternity without taking the case before a judge. A court action, on the other hand, requires litigation to prove paternity.

To learn more about these legal processes and paternity law, visit our paternity page.

Protecting Your Parental Rights: Legal Strategies

When it comes to protecting your parental rights, there are several legal strategies that can help. These include:

• Negotiation: When both parents are willing to cooperate, negotiating a parenting plan that works for everyone can save time, money, and stress. A Torrance parental rights attorney can help facilitate negotiations to ensure that the parenting plan is fair and considers the child's best interests.
• Mediation: California courts often require parents to attempt mediation before a hearing. Mediation involves a neutral third party helping both parents work out an agreement. If mediation is successful, the court will approve the agreement, and it will become a legally binding order.
• Litigation: If mediation or negotiation fails, the case may need to go to trial. During litigation, both parents present their case before a judge, who will issue a final ruling on custody, visitation, and other issues related to parental rights.
• Post-Judgment Modifications: If your situation changes significantly after the court order, you may be able to seek modifications to custody, visitation, or child support arrangements. These modifications may be temporary or permanent, depending on the circumstances.
• Defending Against Allegations of Unfitness: If you are accused of being an unfit parent, your attorney will need to aggressively defend your parental rights, presenting evidence to the contrary and challenging any false claims made by the other party.

Modifying Custody or Visitation Orders

In some cases, circumstances change after a custody order has been made. A parent may need to relocate, or the child’s needs may evolve. If you wish to modify an existing custody or visitation order, you will need to file a petition with the court. Modifications are granted based on a significant change in circumstances and the child's best interest.

Examples of situations where modification may be sought include:

• A change in a parent’s employment, living situation, or health
• The child’s wishes, if they are old enough
• A change in the child’s educational or medical needs
• Evidence that one parent is not following the custody order

Working with a skilled Torrance parental rights attorney can help you determine the best course of action for seeking a modification and ensure that your rights and your child’s best interests are protected.

Parental Rights for Stepparents, Family Members, and Non-Biological Parents

Those who are not a child’s biological parents can seek visitation rights or parental rights through adoption or by establishing guardianship. California courts endeavor to make custody decisions that are in the best interests of a child.

These interests include:

• The child’s physical and emotional health.
• The ability of the child’s parents to provide adequate care.
• The relationship between the child and the person seeking adoption, guardianship, or visitation rights.