Few decisions in a family law case matter more than those involving your children. Having an experienced child custody attorney on your side matters.
Whether you are establishing custody for the first time, modifying an existing order, or facing a serious custody dispute, Stephen L. Cawelti helps parents throughout Los Angeles protect their relationship with their children and work toward a resolution that serves their family.
Custody disputes are different from other areas of family law. The decisions you make now can shape your relationship with your children for years to come.
Stephen L. Cawelti is a California Board-Certified Family Law Specialist who has handled hundreds of family law cases. With a background in psychology and child development, he brings a perspective to custody matters that goes beyond the law.
Stephen works to resolve custody disputes without unnecessary conflict when possible. When an agreement can’t be reached, he is prepared to advocate for his clients in court.
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In California, when the court is determining parenting time and decision-making rights, the best interest of the child is always the top priority. If possible, the court wants both parents to be involved and for the children to have frequent and continuing contact with both parents. At our firm we want to help maintain the relationship between the parents because that truly is what will benefit the kids the most. This doesn’t mean, however, that we will not advocate for your child and for your parental rights. As your custody attorney I will be able to help you analyze your unique situation and draft an agreement that will be best for your family.
It’s important for parents to remember that your case does not have to be resolved by a judge in court. There are many options available. If both parties are committed to guarding the best interests of their children through mediation, they can come to a compromise and craft an agreement that will work best for the family. You want to pick an attorney who will help you to analyze your unique circumstances and select the best approach to your custody case. Stephen is not only well known for his extensive experience handling complex child custody cases in California, but also his ability to help guide parents through the divorce and child custody process.
There are two types of custody that need to be assigned when parents divorce: legal and physical. Legal custody refers to who makes important decisions for your child — like health care, education, and welfare. Legal custody can be joint or sole, meaning parents can share legal custody or one can have sole custody of their child. Physical custody refers to who the child actually lives with. Physical custody can also be joint or sole (otherwise known as primary), meaning the parents can share joint custody or one parent can have primary custody, with the children then visiting the other parent.
An optimal custody arrangement will look different to each unique case, although there are several common schedules that can then be tailored to each family’s needs. A good attorney will help you to craft an agreement that will be best for you and your children. My top advice that I can give to parents going through a child custody dispute is to focus on the big picture. Choose an attorney who has extensive experience handling child custody cases and who is committed to protecting your parental rights and ensuring that your child’s best interest is kept as the top priority.
California child custody has two components: legal custody and physical custody.
Legal custody determines who has the authority to make important decisions about a child’s health, education, and welfare. It can be shared by both parents or awarded to one parent.
Physical custody determines where the child lives and how parenting time is divided. Joint physical custody does not necessarily mean an equal 50/50 schedule.
When parents cannot agree on custody, California courts make decisions based on the best interest of the child, with the child’s health, safety, and welfare as the top priority.
The child’s health, safety, and welfare are the court’s top priority.
The court considers each parent’s relationship with the child and circumstances affecting the child’s care and stability.
California policy generally favors frequent and continuing contact with both parents when doing so is in the child’s best interest.
A history of abuse or domestic violence can significantly affect custody decisions.
The court takes habitual or continual abuse of alcohol or controlled substances seriously when determining custody.
Establishing legal custody, physical custody, and parenting-time arrangements.
Representing parents when an agreement cannot be reached and court intervention is necessary.
Seeking or opposing changes to existing custody and parenting-time orders.
Representing parents in custody matters involving a proposed move or relocation that may affect an existing parenting arrangement.
Representing parents in custody matters where allegations or findings of domestic violence may affect custody and parenting time.
Representation in complex disputes involving issues such as domestic violence, substance abuse, child safety concerns, relocation, or serious breakdowns in co-parenting.
California courts make custody decisions based on the best interest of the child. The child’s health, safety, and welfare are the court’s primary concern.
The court can consider a wide range of circumstances, including the child’s relationship with each parent, the parenting arrangement, the child’s needs, and issues involving domestic violence, abuse, or substance abuse.
Parents can also reach their own custody agreement. If they cannot agree, the court will ultimately decide what custody and parenting arrangement is in the child’s best interest.
No. Joint custody does not necessarily mean that a child spends exactly half of their time with each parent.
Legal custody and physical custody are separate issues. Parents may share responsibility for important decisions about their child while having a parenting schedule that is not divided equally.
The appropriate arrangement depends on the circumstances of the family and the needs of the child.
Yes. Custody and parenting-time orders can be modified when circumstances warrant a change.
Parents can agree to a new arrangement and ask the court to approve it, or one parent can ask the court to modify the existing order. The legal requirements can depend on the existing order and the type of change being requested.
If your current custody arrangement is no longer working, it is important to understand what the court will consider before requesting a modification.
If parents cannot agree on custody or parenting time and ask the court to decide, they will generally participate in court-connected mediation or child custody recommending counseling before a judge makes a decision.
The goal is to see whether the parents can reach a parenting agreement focused on their child’s needs. If an agreement still cannot be reached, the judge can decide custody and parenting time.
An attorney can help you understand the legal issues, prepare your position, and advocate for the custody arrangement you believe is in your child’s best interest.
A child does not simply get to choose which parent receives custody.
California courts may consider a child’s wishes when the child is mature enough to express an intelligent preference. Children age 14 or older are generally given an opportunity to address the court regarding custody or visitation unless the court determines that doing so would not be in the child’s best interest.
The child’s preference is still only one consideration. The judge remains responsible for determining the custody arrangement that serves the child’s best interest.
A parent’s ability to relocate with a child depends on the existing custody arrangement and the circumstances of the proposed move. A move that interferes with the other parent’s custody or parenting time can lead to a request to change the existing custody order.
Courts may consider factors such as the distance of the move, the existing custody arrangement, the child’s relationship with each parent, the parents’ ability to co-parent, and the child’s age and needs.
If you or the other parent is considering a significant move, it is important to understand how it could affect your custody order before relocating.