When families go through a separation, divorce, or breakup, child custody issues often become the most emotional and difficult part of the process. Parents in San Francisco facing custody disputes often struggle with fear, uncertainty, and concern for their children’s future. But you can find a lot of hope in preparation and understanding the law, and you don’t have to go through this alone.
At the Law Offices of Ali Yousefi, P.C., our San Francisco child custody lawyer helps parents protect their rights and their children’s well-being through skilled, compassionate representation. As an experienced and award-winning team, we can guide you through each step of the process and safeguard your family’s interests.
A Parent’s Custody Rights in California
Under California’s Family Code, both parents are entitled to custody of their child, and their rights are equal. The law does not favor one parent because of gender, sex, or sexual orientation.
When parents break up and need to figure out how to divide childcare responsibilities, they can take their issues to court for an enforceable custody determination. If parents can agree on a custody arrangement, the court typically approves it as long as it addresses the child’s best interests. If they cannot agree, the court must decide after considering each parent’s situation and ability to care for the child.
However, before the court can make a custody determination, it might need to establish who the parents of the child are. We cover that process below.
Establishing Parentage Before Seeking Custody
Before a parent can request custody or visitation, parentage must be legally established. If custody is being determined as part of a divorce, this generally involves simply listing shared children in the divorce petition. However, if you’re an unmarried parent seeking a custody order, the process can be a bit more complicated.
Parentage can be established through:
- A presumption of parentage. If the parent has actively parented the child, their parentage may be presumed. This may be the case where the parents lived together with the child despite being unmarried or where they took on shared parenting responsibilities.
- A voluntary declaration of parentage. Parentage can be established if both parents sign a formal document acknowledging parentage.
- A court order. If there is a dispute about who the child’s legal parents are, the court will likely order genetic testing and enter an order of parentage.
Once parentage is established, both parents gain the right to seek custody and visitation and share in the duty to support the child financially.
Types of Custody
There are two types of custody in a custody case: legal and physical. Understanding the difference between legal and physical custody helps parents set realistic expectations when negotiating or litigating their case.
Legal Custody
Legal custody is a parent’s right and responsibility to make important decisions about a child’s upbringing. This includes decisions about a child’s education, their health care, and matters regarding their well-being.
Physical Custody
Physical custody determines where the child lives on a daily basis and which parent provides day-to-day care.
Sole vs. Joint Custody
Both types of custody can be:
- Joint, meaning shared by both parents; or
- Sole, meaning one parent has primary authority or responsibility.
Courts often award joint legal custody so both parents can participate in major decisions, even if one parent has primary physical custody. The exact arrangement depends on what serves the child’s best interests.
How Courts Determine Custody
When parents cannot agree on custody, the court must decide using the ”best interest of the child” standard. This requires the judge to consider factors such as:
- The child’s health, safety, and welfare;
- Any history of abuse by either parent or household members;
- The nature and amount of the child’s contact with each parent; and
- A parent’s history of substance abuse or mental health issues that affect parenting.
In rare cases, the law allows a non-parent to have custody if both parents are unfit or unable to provide proper care.
California courts encourage frequent and continuing contact with both parents whenever possible. However, if there are concerns about safety, the court may limit or supervise contact until the issues are resolved.
Visitation (Parenting Time)
When one parent has primary physical custody, the other parent typically receives visitation, also known as parenting time. The purpose of visitation is to maintain a healthy and consistent relationship between the child and both parents. In some situations, the court may also grant grandparent visitation based on the child’s best interest.
Our San Francisco child custody lawyer helps parents develop clear, practical visitation plans that reduce conflict and promote consistency for their children.
Emergency and Temporary Custody Orders
Sometimes, urgent circumstances require immediate court intervention that should happen faster than the time it takes to hold a full custody hearing. Under California law, the court may issue temporary custody orders to protect a child’s safety or maintain stability during a case.
When they request an emergency custody order, a parent must prove that their child is at risk of immediate harm. Such circumstances may occur when:
- A child is at risk of abuse, neglect, or abduction;
- A parent suddenly becomes unable to care for the child for health or legal reasons; or
- One parent relocates without proper notice.
If you believe your child is in danger, it’s crucial to act quickly. Our firm has extensive experience obtaining emergency custody orders in San Francisco and helping ensure they are enforced promptly and properly.
Modification of Custody Orders
Not every change in life needs emergency action, but many changes to a family’s dynamic warrant court intervention. If your life changes, your custody orders may need to change, too. Either parent may request a modification when there has been a substantial change in circumstances since the last order. Minor disagreements or lifestyle differences are typically not enough for a modification.
Common reasons for a modification include:
- Changes in work schedules or living arrangements,
- Relocation or “move-away” situations that are for a significant duration,
- Concerns about safety or parental fitness, or
- A child’s evolving needs as they grow older.
If the court determines that there has been a substantial change in circumstances, the court will reevaluate the child’s best interests and determine whether a change to the custody or parent time order is appropriate.
If you’re considering a modification, our child custody attorney can help you prepare strong evidence, navigate the filing process, and advocate for a fair outcome that fits your current family dynamics.
Relocation and Move-Away Cases
Relocation cases are some of the most complex custody matters. In general, a parent who wishes to move a significant distance with the child must obtain consent from the other parent or court approval.
Courts that decide whether a parent can relocate with their child evaluate:
- The reason for the move,
- The impact on the child’s relationship with both parents,
- Whether the move supports the child’s stability and development, and
- The feasibility of maintaining regular contact with the non-moving parent.
San Francisco courts carefully balance the moving parent’s right to relocate with the other parent’s right to maintain a meaningful relationship with their child. But as with other custody issues, the court’s priority is to protect the child’s best interests.
You may have an easier time receiving approval for your relocation if your child’s other parent consents. Without consent, you will likely have to attend a hearing to justify your removal request. We help parents on both sides of these disputes present persuasive evidence and realistic parenting plans that protect the child’s best interests.
High-Conflict Custody Cases
Some custody disputes involve allegations of abuse, neglect, abduction, or substance abuse. Under California law, the court may presume that awarding custody to a parent who has committed domestic violence within the past five years is not in the child’s best interest unless the parent can prove rehabilitation and that custody would be safe.
Judges may order supervised visitation, parenting classes, or counseling as conditions of future contact. We work closely with clients and professionals to present clear, credible evidence and help ensure that every custody arrangement safeguards the child’s well-being.
Why the Local Experience of a San Francisco Child Custody Lawyer Matters
The family courts across California apply state law, but each county has its own local court rules and procedures. Local judges, mediators, and custody evaluators may have specific protocols that experienced local attorneys understand and anticipate.
At the Law Offices of Ali Yousefi, P.C., our child custody attorney has represented parents throughout San Francisco and the Bay Area. We understand the local process, and we know how to navigate these systems efficiently and strategically.
How the Law Offices of Ali Yousefi, P.C., Can Help
Our firm helps parents with all aspects of custody and visitation, including:
- Establishing or contesting parentage,
- Negotiating custody and parenting plans,
- Representing clients in mediation or evaluation,
- Seeking or opposing custody modifications,
- Handling relocation and high-conflict cases, and
- Enforcing existing custody orders.
We approach our cases with empathy, skill, and commitment to a family’s future.
Contact Us to Take the First Step Toward Resolution
If you’re facing a custody dispute in San Francisco, don’t wait to get the legal support you need. The decisions you make today can shape your child’s future.
Contact the Law Offices of Ali Yousefi, P.C., to speak with an experienced and award-winning child custody lawyer who listens to your concerns, explains your options, and fights for your family’s best interests. Visit our website or call our office today to schedule a consultation.