Costa Mesa Child Custody Lawyer
Divorce and separation are stressful experiences for most couples, and facing child custody issues only heightens those feelings. An experienced Costa Mesa child custody lawyer can help you navigate the complex California legal system and help protect your rights during custody proceedings.
The Goldberg Legal Group regularly represents clients in child custody and visitation cases, helping each client feel supported during their unique case. Our Costa Mesa family law attorneys are dedicated to providing compassionate and effective legal counsel to all of our clients.
Family Law in California
In the 2022-2023 fiscal year, 111,894 marital cases were filed in California. Divorce can be a lengthy process, with a divorce in California taking at least six months but potentially taking even longer if dealing with a child custody battle. Once you file a divorce, separation, or paternity case, you can then file a child custody case.
If the parents cannot jointly agree on a custody and visitation arrangement for their children, the family court steps in to legally decide for them. In California, the court system strives to keep families together as often as it can, as long as it’s in the best interest of the children.
The 4 Types of Child Custody
Legal custody of your child is when you have the responsibility to make decisions about your child’s life, such as their healthcare and education. There are two types of legal custody in Costa Mesa:
- Sole legal custody is when only one parent has the legal authority to make decisions for the child.
- Joint legal custody is when both parents share this responsibility, meaning they must work together to make these decisions.
Physical custody is the place where your child lives on a day-to-day basis. It includes these two types:
- Sole physical custody is when the child lives primarily with one parent while the other parent is either granted visitation rights or given no visitation rights in extreme cases.
- Joint physical custody is when the child lives with either parent on a legal rotating schedule that ensures fairness.
If you have a cordial relationship with your child’s other parent, this process can be quick and easy. However, for those who have a contentious relationship, the process can be incredibly stressful for the entire family.
In either case, having an experienced attorney on your side can be a major factor in determining the future of your family. The Goldberg Legal Group approaches new clients with empathy and understanding and helps them gather and file all necessary documentation to help ensure timely decisions.
The Significance of a Parenting Plan
A parenting plan is a written agreement between both parents of the child that outlines the legal custody decision and visitation schedule. Both parents must sign the plan before submitting it to the court. The court typically approves parenting plans that reflect the child’s best interests. Once the judge signs the plan, it becomes a binding court order enforceable by law and must be followed by all parties.
A child custody evaluation may be ordered by the courts for those who cannot agree on a parenting plan. This evaluation is performed by a court-appointed licensed mental health professional who will assess the child’s health and safety.
The process usually includes multiple interviews with the parents, child, and professional adults in the child’s life, like teachers or doctors. The evaluator will also review the child’s records. This investigation takes around two months and is usually paid for by the parents of the child.
This process can take much longer if there are any abuse allegations, as law enforcement and CPS will be involved.
Legal Rights of Parental Visitation
In 2023, there were over 18 million children living with just one of their parents. If one parent is awarded sole custody, the other parent is entitled to some form of visitation with their child. The visitation plan is custom to each family and can include weekends, day visits, pick-up and drop-off times, and holiday plans. Visitation schedules can be modified based on changes in circumstances, such as relocation.
California Custody Laws Regarding Relocation of Your Child
If one parent wants to move and has joint or sole custody of their child, there are a few things that need to be taken into consideration. If the move would interfere with the existing custody or visitation order, such as the move crossing state lines, the court needs to approve it beforehand.
In California, judges typically allow sole physical custody parents to relocate unless evidence is provided to show why the move would be bad for the child. If custody is joint, the parent requesting the move must provide evidence that it is in the best interest of the child.
California courts prioritize maintaining stability in a child’s life. Factors considered include each parent’s living situation, work schedules, and the child’s relationship with each parent. In cases where the child is at risk, the court may order supervised visitation. The supervisor is another adult or a professional agency. In extreme cases where the parent is physically or emotionally abusive, the court may order no visitation rights.
Gathering Evidence for Your Case
Because of the serious nature of family law, especially when including children, thorough evidence is required in custody cases. The Goldberg Legal Group can help you understand what evidence to provide, as well as the timeline by which you should have it collected. This can include documentation such as:
- School records
- Medical reports
- Witness statements
- Communication between parents
The Goldberg Legal Group understands the importance of thorough case preparation to build the strongest case possible based on the facts of your family’s life. We regularly represent clients in the Orange County Superior Court, and that experience can influence the strategy and presentation of custody cases.
What Happens When a Parent Violates the Custody Agreement?
Violating a custody order can include various things, like being late to the agreed-upon drop-off time for your child, or more serious actions like failing to pay child support or blocking communication. If these issues arise and continue consistently, the parent violating the agreement can be held legally liable.
However, if your co-parent violates your custody agreement, it’s vital that you stick to your side of the agreement. If you also violate the agreement as retaliation, it could have serious legal consequences. Instead, let the courts legally handle it.
According to California law, if the custody order is being consistently violated, the non-violating parent has to file a contempt motion or request a modification to the custody order. The violating parent may face changes in custody or even prison time. However, in cases of emergency where the child is in danger, the parent should still alert the courts immediately to avoid being held liable for violating the custody agreement.
The Goldberg Legal Group understands that child custody and visitation cases require factual, diligent representation. Clients benefit from legal strategies grounded in the specifics of each case and local legal requirements.
FAQs About Child Custody
Q: How Much Does It Cost for a Child Custody Attorney in California?
A: The cost of a child custody attorney in California can range from practice to practice. Some factors that can affect it are how complicated the case is, how much time is needed to work on the case, and the attorney’s experience. Many attorneys charge hourly rates and some charge flat fees. The Goldberg Legal Group provides transparent fee arrangements tailored to the needs of our clients, so there are never any surprises.
Q: What Is the Biggest Mistake in a Custody Battle?
A: Besides failing to act in the best interest of your child, failing to gather extensive evidence for your case is one of the biggest mistakes parents make during custody battles. California courts require clear documentation filed in a timely manner, and an experienced lawyer can help you stay on top of it all. Another mistake is acting aggressively towards the other parent. It’s wise to remain respectful and focus on the facts of your case.
Q: Who Wins Custody in Most Cases?
A: In California, custody decisions are made on the basis of the child’s best interests rather than the gender of the parent or their social status. The court will look at many factors, such as the relationship the child has with each parent, the ability of each parent to provide a stable environment, the health and stability of the parent, and any history of abuse. The Goldberg Legal Group helps clients build cases that focus on the child’s needs, regardless of custody type.
Q: What Not to Say in a Custody Hearing?
A: During custody hearings, do not make accusations without factual evidence to back them up. Avoid unrelated personal arguments or speaking disrespectfully about the other parent. These actions can negatively impact your case and show the courts that you’re unwilling to cooperate. The Goldberg Legal Group can help prepare you before your custody hearing, practicing your testimony and statements in a clear and professional manner.
The Goldberg Legal Group – Exceptional Child Custody Law Firm
If you’re struggling with a custody battle or visitation issues in Costa Mesa, The Goldberg Legal Group is ready to assist you. We have the experience and empathy to help you navigate this stressful process and work towards a favorable outcome for your family. Contact us today to discuss your unique case.
