The Law Offices of Soheila Azizi & Associates, P.C.

Who has the “Rights” in a custody Battle

Who Has the “Right” in a Custody Battle

Child Custody Rights in San Bernardino

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Marketing legal representation that is exclusive to “RIGHTS” of either party in a custody battle may be a persuasive factor in your search for an advocate. However, the criteria often considered by the Family Court in custody/visitation determinations is not necessarily protective of the rights of the litigating parties. Rather, the “RIGHTS”, or as more commonly referred to in a custody case, the “BEST INTERESTS” of the child.

Family Courts have broad discretion to consider and weigh many factors and policies as are delineated in California statutory and case law, including but not limited to, Family Code Sections 3011, 3020, and 3040. Pursuant to California legislation and public policy, a child is to have “frequent and continuing contact” with both parents after separation, except when such contact is not in the child’s best interest, health, safety and welfare, and especially free from child abuse and domestic violence in the child’s residence. Other factors to be considered by the court include: Nature and amount of child’s contact with both parents; Contact with siblings; Use of controlled substance or alcohol; Neutrality toward Parent’s gender; Child’s preference if of sufficient age, maturity and capacity; existence of a criminal history and/or Restraining Orders; and determination of custody to non-parent if parental custody causes any detriment to child; Child’s need for stability and continuity, and child’s emotional bonds. Moreover, the court must be neutral to Parties’ race, gender, sexual conduct and orientation, religious practices, physical handicap and disparity of income.

The family court may additionally consider a recommendation made by a Family Court Services Mediator, provided that the local rules of court permit making any such recommendation. Alternatively, the court may appoint and direct a child custody evaluator to conduct an evaluation and prepare a confidential report for the court’s consideration. Occasionally, the appointment of private counsel for the child, and preparation of a report, becomes necessary before the court can issue a custody award.

In light of the uncertainties associated with the above-referenced criteria, the only sure bet is to choose the “RIGHT” advocate to be on your side!

Customer Reviews

The Law Office Of Soheila Azizi & Associates, P.C.

Customer Reviews

Adrianne Fernandez 3/11/2021

Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.