Child Custody and Visitation
Mr. Eisfelder has extensive experience developing, preparing and negotiating parenting time agreements that are in the best interests of the child(ren) and that protect the rights of the client. California determines child custody based on the best interests of the child, taking into account a variety of factors. Mr. Eisfelder is accomplished in resolving child custody issues by carefully identifying and clarifying client goals for their child(ren) and developing joint custody or sole custody arrangements that are within the statutory parameters and meet the client’s goals while protecting the children’s interests.
The term “move-aways” refers to situations where one parent seeks to modify child custody arrangements because of relocation of a significant distance, typically as the result of changing life circumstances after a divorce or separation. This will often lead to litigation. Parental relocation brings with it a number of child custody issues, including potentially changing the child’s permanent home, altered visitation and possible changes to the non-custodial parent’s rights or practical ability to collaborate in decisions regarding the child’s education, religious upbringing and medical care.
Mr. Eisfelder knows from experience that “move-away” custody issues can become contentious disputes without careful, insightful intervention. The firm approaches each client’s situation as unique, focusing on the goals of the client and the best interests of the children as lawyers renegotiate custody, support and visitation agreements or presenting these issues to the court for determination.
An interstate custody case may require an aggressive response from a firm with the resources to respond quickly in multiple jurisdictions. Laws vary from state to state, but the federal Parental Kidnapping Prevention Act (PKPA) and Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) dictate which state will exercise jurisdiction. The proper interpretation and application of these laws preserves parents’ rights while seeking a timely and safe resolution to this most frightening of custody disputes.
Relocation of a child requires strict adherence to the child custody order or agreement in the jurisdiction of the child’s primary residence. When a parent moves the children outside of the country before or after an order for custody and visitation is in place and disregards the order, it is considered international child abduction, which is terrifying to the other parent and can be a traumatic event for the child. In these cases, the process for seeking relief in domestic or international courts is dictated by the Hague Convention if the country where the children are is a signatory to the Hague Convention.
Mr. Eisfelder along with the attorneys at Jacobs & Jacobs, have substantial experience in resolving international child custody cases and enforcing parents’ rights in California and throughout the world. Contact the firm for a consultation.
Mr. Eisfelder and the Jacobs & Jacobs lawyers work in concert with counsel in countries around the world when negotiating and litigating international child custody disputes. The firms have represented clients involved in numerous international jurisdictions, including Australia, Israel, Sweden, Mexico, Finland, France, the United Kingdom, and Switzerland. The Eisfelder/Jacobs & Jacobs affiliation has developed the ability to establi