Custody

Not knowing what their future holds can be overwhelming for children. At McManis Faulkner, our child custody lawyers realize the impact a divorce may have on children, regardless of their age. We also are mindful that parents need to maintain their ability to collaborate with each other now and throughout their children’s lives. Our child custody lawyers work with clients to protect their children and ensure their children’s needs remain at the forefront. We also work hard to make sure their lives are disrupted as little as possible by the legal process of divorce. There are many issues to consider, and our attorneys provide the counsel parents need to make informed decisions. For example, we work with clients to achieve a fair child custody agreement and visitation time schedule that is in the child's best interests and preserves a client's parental rights.


Case Studies

Custody Case Studies

Drug and Alcohol Dependency Issue Client

Result:
Obtained emergency custody and visitation orders awarding custody of children to client against a drug and alcohol addicted parent.

Client:
Business Executive/Sales Person

Overview:

Sole legal and physical custody was awarded to the father due to the mother’s addiction to alcohol and prescription drugs. McManis Faulkner represented the father to obtain temporary custody, an emergency screening and a custody assessment at Family Court Services that resulted in recommended orders requiring the mother to meet specific and measurable benchmarks prior to visitation and custody being restored.




Cross-Country Custody Battle

Result:
Obtained a global settlement of all outstanding custody and visitation issues that provided our client with expanded parenting time and communication with the children.

Client:
Father - Silicon Valley Entrepreneur and Executive

Overview:

Parties separated 11 years ago, and the mother was permitted to move across the country with the parties’ children when they were still toddlers, before the move-away laws in California changed dramatically. Since moving, the mother engaged in a pattern of alienation that caused significant difficulty, both emotionally and physically, in the client’s relationship with his children. Just months after a permanent custody order was entered, the mother filed an application seeking sole physical and legal custody of the children, with limited, supervised visitation by the father. McManis Faulkner entered the case on the father’s behalf after two full years of discovery and litigation of the mother’s motion. Within a year, a global settlement was obtained that provided the client with significant additional parenting time and increased communication with the children. McManis Faulkner also obtained significant and numerous sanctions awards on behalf of the father for the mother’s misconduct throughout the custody case.

The stipulated agreement instituted a two-step alternative dispute resolution process, involving both co-parent counseling and co-parent coordination, to keep the parties from having to return to court. Under the terms of the agreement, the parties are to engage qualified mental health professionals to assist them in resolving any disputes that arose with respect to the children.

Previously the father’s role was limited to that of a “visiting parent,” spending time with the children only on weekends and school vacations. Since entry of the stipulated order, however, the father has had the opportunity to visit the children during the school week, and engage in their lives in a way that had been denied previously.




Drug and Alcohol Dependency Other Party

Result:
Represented a client with drug and alcohol dependency and provided him with a custom package of services through an emergency screening and custody assessment that resulted in joint custody and an equal timeshare schedule.

Client:
Small Business Owner

Overview:

McManis Faulkner worked with the father to regain custody and visitation rights with his children whom he had not seen in several weeks. The father was provided with appropriate resources to accomplish the goals set for him by Family Court Services to regain visitation and custody. The father regained contact with his children and managed his sobriety with great success. The collaborative process involved working with family members, community drug and alcohol resources and medical providers to create change and a new future for the father.