Law Office of Alex Gaytan

Law Office of Alex Gaytan Alex Gaytan is an experienced divorce and child custody attorney representing clients in Fresno, Central California, and throughout California.

03/08/2016

Q: Can a parent's immigration status disqualify them from receiving custody of their child(ren) in California? A: No. The immigration status of a parent does not disqualify them from receiving custody of their child(ren). Family Code section 3040(b).

What does that mean? That means, if you are here illegally, you can still petition the court for custody and visitation of your children. Being here illegally does not invalidate your rights as a parent.

02/24/2016

I am often asked, "Do courts favor mothers in child custody cases?" The answer is: No. The courts are statutorily prohibited (Family Code section 3040(a)(1)) from prefering a parent as a custodian based on their s*x. What does that mean? It means that a parent's gender is a neutral factor in the court's determination of what is in the child(ren)'s best interests.

02/16/2016

The first attorney-client interview is very important. For me, it serves as the basis for deciding whether I want to accept the case. During this interview, I am assessing if the prospective client and I could have a relationship based on trust and confidence. I focus on the prospective client's emotional state as well as their expectations for the case. If the client has unreasonable expectations, even after I provide them with essential information about their legal rights and obligations, I will decline.

Some attorneys provide a free consultation. I do not. I charge a fee to identify individuals who simply want free advice. My thought is, if they do not want or cannot pay, then I can direct them elsewhere.

11/18/2015

I am writing the content to provide general information on family law issues to those who have found my page. It is not legal advice. Please do not take it as such.

The court must apply the standard of the best interest of the child. However, the Family Code does not define "best interest of the child" beyond the list of factors the court is required to consider in Family Code section 3011 (Best Interest Statute).

Family Code section 3011 requires the court to consider four categories of factors in making a determination of the best interest of the child.

1. The health, safety, and welfare of the child;
2. Spousal or child abuse;
3. The nature and amount of contact with the parents; and
4. The habitual or continual use of illegal drugs, or habitual or continual abuse of alcohol or prescribed controlled substances.

In addition to these mandatory considerations, the court may consider "any other factors it finds relevant."

11/16/2015

I am writing the content to provide general information on family law issues to those who have found my page. It is not legal advice. Please do not take it as such.

The California State Legislature has codified two critical public policy directives (for the Court's) (Family Code section 3020) in making child custody and visitation orders:

1.The primary concern is to assure the child's health, saftey, and welfare.

2. Assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, except where the contact would not be in the child's best interest (Family Code section 3011).

So what does frequent and continuing contact mean? Good question. The Family Code does not define "frequent and continuing contact" or specify a preference for any particular form of "contact." Thanks, Legislature.

Family Code section 3011 (Best Interests Statute) is the subject of the next post. In that post, I will discuss "Best interests of the child."

11/10/2015

I am writing the content to provide general information on family law issues to those who have found my page. It is not legal advice. Please do not take it as such.

There are two types of custody: Legal and Physical. Custody can be either Sole or Joint.

Sole Legal Custody means that one parent has the right and responsibility to make decisions concerning the child(ren)'s health, education, and welfare.

Joint Legal Custody means that both parents shall share in the right and responsibility to make decisions relating to the health, education, and welfare of the child(ren).

There can be disagreements about enrollment in a particular public or private school; Participation in particular religious activities or institutions; Enrollment and participation in mental health counseling or therapy; Selection of health professionals (Physicians, Dentists, Etc.); Extra-curricular activities, and Out-of-State and/or Out-of Country travel. When a disagreement arises, one parent can request a Special Decision-Making Designation from the court that confers upon that parent the responsibility to make the decision regarding a particular issue. That designation usually comes with the requirement that the parent engage in good-faith discussions with the other parent before making the decision.

Sole Physical Custody means that a child shall reside with and under the supervision of one parent, subject to the court's power to order visitation. Joint Physical Custody means that each of the parents shall have significant periods of physical custody. Joint Physical Custody shall be shared by the parents in such a way as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020.

Oftentimes, parents want to have primary physical custody. However, the Family Code does not provide authority for or a definition of "primary physical custody." In practice, it is used in the context of what parent has more time (Visitation) with the child(ren).

Visitation is when the parents are actually with or primarily physically responsible for the child(ren). Visitation will be the subject of a future post.

Address

191 W. Shaw Avenue, Suite 209
Fresno, CA
93704

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+15598911775

Website

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