Child custody disputes are among the most emotionally charged matters in family law. At Furubotten Law, APC, we understand what is at stake for Temecula parents and their children, and we bring the full weight of 30 years of California family law experience to every custody case we handle at the Southwest Justice Center.
California Child Custody Law
California courts determine child custody based on the best interests of the child under Family Code §3011. Judges at the Southwest Justice Center consider factors including the health, safety, and welfare of the child; any history of abuse by either parent; the nature and frequency of contact each parent has with the child; and the child's relationship with siblings. California public policy under Family Code §3020 favors frequent and continuing contact with both parents following separation or divorce.
There are two distinct types of custody in California. Legal custody refers to the right and responsibility to make decisions about the child's education, healthcare, and general welfare. Physical custody refers to where the child lives. Both may be sole (one parent) or joint (shared between parents).
Joint vs. Sole Custody in Temecula
Joint legal custody — the most common arrangement in Riverside County — means both parents share decision-making authority. Joint physical custody means the child spends significant time with both parents, though the division need not be exactly equal. Sole custody means one parent has exclusive legal or physical custody, with the other parent typically having scheduled visitation. Courts rarely award sole legal custody unless there is documented evidence of abuse, neglect, substance abuse, or other factors that would make joint decision-making harmful to the child.
Custody Schedules and Parenting Plans
Every Temecula custody case requires a parenting plan — a detailed document specifying when the child is with each parent, how holidays and school breaks are divided, how pickups and dropoffs are handled, and how parents communicate about the child's needs. Our firm drafts parenting plans that are specific enough to prevent future disputes while flexible enough to accommodate the realities of family life. We also understand that Temecula families often have parents who work in San Diego, Orange County, or Los Angeles, and we structure parenting plans accordingly.
Move-Away Cases Involving Temecula Children
Move-away cases — where one parent seeks to relocate with the child to another city, county, state, or country — are among the most complex and high-stakes matters in family law. Under Family Code §7501, a parent with sole physical custody has a presumptive right to change the child's residence, subject to the court's power to restrain the move if it would prejudice the child's rights or welfare. When physical custody is joint, the analysis is different — both parents have equal standing and the court must determine whether the move is in the child's best interests under the factors articulated in In re Marriage of LaMusga (2004) 32 Cal.4th 1072.
Our firm has handled move-away cases for both the relocating parent and the parent seeking to prevent relocation. These cases require immediate action and experienced advocacy.
Custody Modifications in Temecula
A final custody order is not necessarily permanent. Under Family Code §3087, courts may modify a custody order upon a showing of changed circumstances that affect the welfare of the child. Changed circumstances warranting modification may include a parent's relocation, a change in the child's needs, deterioration of the parenting relationship, substance abuse, domestic violence, or a significant change in either parent's work schedule or living situation. Our firm represents Temecula parents seeking to modify existing custody orders and those defending against modification attempts.
Emergency Custody Orders
When a child faces immediate danger, Family Code §3064 allows a court to issue an ex parte — meaning without notice to the other parent — emergency custody order. These orders are reserved for genuine emergencies where giving notice would risk harm to the child. Our firm moves quickly in emergency situations to protect children when the circumstances warrant court intervention.
Contact Our Temecula Custody Team
Call (714) 795-3862 between 10:30am and 3:00pm to speak with our team about your custody matter. We serve Temecula, Murrieta, Fallbrook, and all Southwest Justice Center communities.