Child Custody and Child Support Attorneys in the Bay Area

At Rodriguez Lagorio, LLP, we understand that nothing is more important than your children. When custody or child support disputes arise, emotions can run high and the stakes are deeply personal. Whether you’re facing divorce, separation, or a conflict with your child’s other parent, our family law attorneys are here to help you protect your child’s best interests and your own parental rights. From developing fair parenting plans to ensuring support orders reflect your financial reality, we provide experienced, compassionate legal guidance to families across Alameda County and the Bay Area.

Understanding Child Custody in California

California courts no longer assume one parent is better suited to raise a child. Instead, custody decisions are based on what’s in the child’s best interest. Custody includes:

• Physical custody, or where your child lives
• Legal custody, which covers important decisions about your child’s upbringing, including healthcare, schooling, and religion

Parents may share custody (joint custody) or one parent may have sole custody if appropriate.

When parents agree on a custody plan, the court usually approves it. But if you and your co-parent disagree, you’ll be required to attend child custody recommending counseling. A licensed professional will assess your case and recommend a plan to the judge. Our attorneys can guide you through this process, making sure your concerns are heard and your rights are protected at every stage.

Creating Parenting Plans That Work

A parenting plan, sometimes called a visitation schedule, sets out how you and your co-parent will share time with your children. It includes:

• Weekday and weekend schedules
• Holiday rotations
• Arrangements for vacations, travel, and school breaks. 

It also outlines how decisions will be made about your child’s education, medical needs, and extracurricular activities.

Every family is different. Whether you’re pursuing a 50/50 custody split or need help accommodating long-distance arrangements, we’ll help you negotiate and craft a parenting plan that reflects your child’s needs, your work schedule, and your family’s lifestyle. If necessary, we will present your case in court and advocate for an arrangement that serves your child’s wellbeing.

Modifying Custody or Visitation

Life changes. Job relocations, school issues, medical developments, and changes in a parent’s stability may all warrant a change in your custody or visitation orders. If there’s been a significant shift in your circumstances or your child’s, we can help you file a modification request and present compelling evidence that a revised arrangement is necessary.

Child Support: A Legal and Financial Responsibility

Child support ensures that both parents contribute to their child’s financial needs. In California, support is calculated using a statewide formula that takes into account both parents’ incomes, how much time each parent spends with the child, and other relevant factors such as healthcare and educational costs.

If you’re the custodial parent, you’re likely entitled to receive monthly support payments. If you’re the noncustodial parent, you’ll likely be required to pay. Either way, our attorneys will make sure your financial disclosures are accurate and that the final support amount is fair and legally sound.

What Child Support Covers

Support payments are intended to cover your child’s basic needs: housing, food, clothing, education, and healthcare. In some cases, additional “add-ons” are ordered, including:

• Child care expenses
• Out-of-pocket medical costs
• Fees for extracurricular activities. 

If your child has special medical or educational needs, those costs may also be factored into the final support amount.

Help for Paying Parents

If you’re concerned about being ordered to pay more than you can reasonably afford, we can help. Many parents worry about inflated support calculations or unfair assumptions about income. We work to ensure the court has an accurate picture of your financial situation, factoring in your real income, deductions, and time spent with your child.

Help for Receiving Parents

If you’re struggling to cover expenses as the primary caregiver, we’ll fight for the support your child is entitled to. We assist in collecting the necessary documentation, filing motions, and, if necessary, taking enforcement action when the other parent refuses to pay. If your co-parent is hiding income or defying court orders, we can pursue remedies such as wage garnishment or contempt proceedings.

Enforcing or Modifying Support Orders

Support obligations can change as circumstances evolve. If you’ve lost your job, received a raise, or experienced a shift in custody time, it may be appropriate to modify your support order. If the other parent is behind on payments, we’ll help you enforce the order and protect your child’s financial stability. Support enforcement may include wage assignments, license suspensions, or court-imposed penalties.

Common Questions About Custody and Support

Can I withhold visitation if I’m not receiving child support?

No. In California, child custody and child support are considered legally separate issues. Even if the other parent is behind on support payments, you must still comply with any court-ordered visitation schedule. Withholding your child from the other parent could result in legal consequences for you, including contempt of court. If support is unpaid, you should pursue enforcement through the proper legal channels, and our firm can help you do so swiftly and effectively.

How is custody determined in California?

Custody decisions are based on what the court believes is in the best interest of the child. Judges consider a range of factors, including each parent’s involvement in the child’s life, the stability of the home environment, the child’s emotional and physical needs, and any history of abuse or neglect. In most contested cases, parents are required to participate in child custody recommending counseling, where a court-appointed counselor will make a recommendation to the judge. When parents can reach an agreement on their own, that plan is typically approved.

What does ‘joint physical custody’ mean?

Joint physical custody means the child spends significant time living with both parents. This does not always mean a 50/50 split; it could be a 60/40 or 70/30 arrangement, depending on work schedules, school needs, and other logistical factors. The goal is to ensure the child has a meaningful relationship with each parent. Joint custody also often involves joint legal custody, where both parents share decision-making responsibilities for major aspects of the child’s life.

How is child support calculated in California?

Child support is calculated using a statewide formula that factors in each parent’s income, the percentage of time the child spends with each parent, tax deductions, health insurance costs, and any special needs of the child. The formula is designed to ensure that both parents contribute fairly to the child’s financial well-being. However, the calculation can become complicated if a parent is self-employed, unemployed, or hiding income. Our attorneys can ensure your financial disclosures are accurate and that the final order is fair.

What happens if my circumstances change after a support or custody order is in place?

If there has been a substantial change in circumstances, such as a new job, job loss, relocation, or a change in your child’s needs, you may be eligible to request a modification of your existing custody or support order. The court will only grant changes if it determines they are necessary and in the child’s best interest. We can help you prepare and file a modification request and represent your interests in court.

Can grandparents get custody of a child in California?

Yes, but only in specific situations. California law prioritizes the rights of legal parents. However, if a grandparent can show that both parents are unfit or that living with them would place the child at risk of harm, abuse, or neglect, the court may award custody to the grandparent. These cases are complex and require compelling evidence. We can guide grandparents through the legal process of asserting their rights.

How do I start a child custody case in California?

To begin a custody case, you must file the appropriate petition with your local family court. If you’re going through a divorce, custody is addressed as part of that proceeding. If you’re not married to the other parent, you may need to establish parentage first. Once the case is opened, the court may schedule hearings, order mediation, and review your proposed parenting plan. Before you file, it’s wise to speak with a child custody attorney who can ensure your paperwork is complete and your strategy is sound. We’re here to help you start your case on the right foot.

Why Choose Rodriguez Lagorio, LLP

Our husband-and-wife legal team brings a unique perspective to every case we handle. We know how personal family law disputes can be, and we are deeply committed to providing compassionate, informed, and assertive representation. With years of experience in California custody and support law, we’re prepared to guide you through every step of your case, from initial filings to courtroom litigation if needed.

We serve clients throughout Alameda County, including Fremont, Hayward, San Leandro, Oakland, Castro Valley, Union City, and beyond. We are deeply familiar with the local courts, mediators, and judges who will shape the outcome of your case.

Contact Us Today for a Consultation

Whether you’re fighting for custody, modifying a support order, or trying to create a fair parenting plan, Rodriguez Lagorio, LLP is here to help. Call us at 925-963-2709 or contact us online to schedule your confidential consultation. Let us help you protect your child, your rights, and your peace of mind.