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“I didn't think I would get so flustered in court, but I'm glad we had the support of Ms Prendergast to help guide us along. We won our restraining order and we are so thankful for her help, professionalism, and guidance. I highly recommend.” - Former Client
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“Kim and her staff handled the situation with sensitivity, empathy and caution, reaching out to other attorneys and researching law enforcement advisement when necessary. She was always available to me, and even though the bills added up, I feel she worked” - Former Client
Legal Custody & Physical Custody in California
California recognizes two types of custody: legal custody and physical custody. Legal custody is the right to make decisions for the child, covering health, education, and general welfare, including matters such as religion, extracurriculars, and travel. Physical custody refers to which parent the child resides with. San Bernardino County courts apply this same framework under California family law.
The court may order joint, or shared, custody or sole custody held by one parent. Joint physical custody doesn’t require an equal time split. More often, the child spends somewhat more time with one parent (the primary custodial parent) than the other (the noncustodial parent). A parent without physical custody is typically granted visitation rights.
Why Parents in Redlands Choose Law Offices of Kimberly Prendergast
Our firm brings a credential many child custody lawyers don’t hold. Kimberly Prendergast is a Certified Family Law Specialist, a designation from the State Bar of California, Board of Legal Specialization, that requires verified, demonstrated knowledge in family law beyond passing the bar. Earning this title means meeting experience thresholds, passing a written examination, and securing peer references in the field.
Before law school, Kimberly worked as a journalist at Inland Empire newspapers, including the Daily Press, The San Bernardino Sun, and The Press-Enterprise. That background shapes how we approach custody cases: investigate the facts thoroughly, identify what the evidence actually supports, and construct a clear, compelling narrative for the court. In custody disputes, how a case is presented matters.
As a boutique firm, we provide one-on-one attention to every client. We’re members of the Association of Certified Family Law Specialists, the San Bernardino County Bar Association, and the Riverside County Bar Association, and we serve parents in San Bernardino, Riverside, Orange, Los Angeles, and San Diego counties.
Types of Visitation (Time-Share)
Visitation addresses how parents share time with the child. The noncustodial parent is often granted visitation if such an arrangement serves the child’s best interests. California courts recognize several types of visitation orders:
- Visitation according to a schedule: A detailed plan specifying dates and times for each parent, including holidays, special occasions (birthdays, Mother’s Day, Father’s Day, etc.), and vacations. A set schedule can help prevent conflict and keep expectations clear for both parents.
- Reasonable visitation: An open-ended arrangement that doesn’t fix specific dates and times. This works only when parents communicate well and can remain consistently flexible with one another.
- Supervised visitation: Visits are monitored by another adult or a professional agency when the child’s safety or well-being requires oversight. Supervised visitation may also apply when a parent and child need time to build familiarity, such as after a prolonged absence.
- No visitation: Ordered when contact with the parent, even under supervision, would be physically or emotionally harmful to the child, such as in cases involving a history of domestic abuse.
How Custody Proceedings Work in San Bernardino County
When parents can’t agree on custody or visitation, the Superior Court refers the case to Family Court Services (FCS), a division of the court. Before the first contested hearing, an FCS counselor meets with both parents in a process called Child Custody Recommending Counseling, provided at no cost. The goal is for parents to reach a parenting plan agreement before going before a judge.
San Bernardino County uses a recommending mediation model. If parents don’t reach agreement during the FCS session, the counselor submits a formal custody recommendation to the judge. The court may weigh that recommendation in its decision. California law requires custody mediation before any contested custody or visitation hearing, so this step applies to disputed custody cases in the county.
Preparation for the FCS session matters. Understanding your parental rights, organizing relevant documentation, and knowing what outcome you’re seeking in a parenting plan can all affect how the process unfolds. The courthouse where you file depends on where your child lives within San Bernardino County. As your child custody attorneys, we can help you prepare for each stage of this process and know what to expect along the way.
Best Interests of the Child Standard
All custody and visitation decisions in California are governed by the best interests of the child standard.
Factors the court considers include:
- The age of the child;
- The health of the child;
- The emotional ties between each parent and the child;
- Each parent’s ability to care for the child;
- Any history of family violence or substance abuse; and
- The child’s ties to school, home, and community.
In California, children can’t refuse visitation until they turn 18 or become legally emancipated. Both parents must follow the custody arrangement until that point, and the custodial parent may face legal consequences if the order is violated.
At What Age Can a Child Decide Custody in California?
Children who are at least 14 may express a preference for which parent they want to live with. Under California Family Code § 3042, courts consider and give due weight to a child’s preference when the child is “of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation.”
Move-Away Cases: When a Custodial Parent Wants to Relocate
A custodial parent may change residences or move neighborhoods with a child as long as the move doesn’t interfere with the child’s best interests. Under California law, the moving parent must provide written notice of any plan to move with the child for more than 30 days, sent at least 45 days before the proposed move. That window gives both parents time to work out a revised custody or visitation arrangement. The noncustodial parent may file an objection and ask the court to modify custody based on the proposed relocation. When a parent objects, these cases can grow lengthy and complex.
In evaluating whether a custody modification is appropriate, courts consider factors including:
- The child’s need for continuity and stability;
- The distance of the proposed move;
- Any harm that would result from a change in custody;
- The child’s relationship with both parents;
- The parents’ ability to communicate with each other;
- Any harm to the child’s relationship with the nonmoving parent;
- The custodial parent’s reasons for moving;
- The child’s emotional, physical, and educational needs and how the move would affect them;
- The child’s extended family relationships in both their current and new location; and
- Any other factor the court deems relevant to the child’s interests.
Whether you’re navigating an initial custody proceeding, a move-away dispute, or a modification to an existing custody order, Law Offices of Kimberly Prendergast is ready to help. We can build a legal strategy tailored to your goals and your family’s circumstances.
Schedule a consultation with Law Offices of Kimberly Prendergast online. Serving parents throughout San Bernardino County.
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