Orange County Child Custody Lawyer

Orange County child custody is one of the most important issues for a parent contemplating divorce or already in divorce proceedings. It can be difficult for parents to agree on every child custody issue during a divorce. An Orange County child custody lawyer can support you through this highly contentious time in your family members’ lives. You do not need to fight for your child alone.

The legal team at The Goldberg Legal Group has assisted families for many years with child custody matters and can confidently help you with yours. An Orange County family law attorney from The Goldberg Legal Group is here to help.

Child Custody Lawyer In Orange County

 

Types of Child Custody

California recognizes two types of child custody: legal and physical. Both types of custody will be either sole, awarded to one parent, or joint, split in some fashion between the two.

  • Legal Custody: Legal custody is the responsibility of making important decisions for the child, including schooling and childcare, medical care, extracurricular activities, and religious upbringing.Joint legal custody means that both parents share the right and responsibility to make those decisions without asking permission from the other parent. If one parent is awarded sole legal custody, they can make those decisions without the other parent’s consent.
  • Physical Custody: Physical custody is who the child physically lives with. If joint physical custody is awarded, the child will split their time equally with their children. This is meant to give both parents frequent and continuing contact with their child. If sole physical custody is awarded, the child will reside with one parent and the other parent may have visitation rights.

Child Custody Agreement Modifications

Sometimes, circumstances in life change after an order has been decided. Either parent needs to be able to demonstrate that this substantial change has happened and that it justifies a modification. Common reasons include:

  • One parent is moving
  • The child has a change in circumstances, including health issues or school schedules.
  • A parent is abusing substances
  • A parent has committed domestic violence

When deciding on whether or not to modify the court order, the court will always make their primary concern as the child’s best interests.

Best Interests of the Child

The Court after a hearing or trial will decide custody and visitation issues if the parents are unable to agree. California presumes that joint physical and legal custody is in the best interest of the child. This is the primary standard used in the state, making it the court’s property to ensure that the child’s well-being, safety, and happiness are the most important factors considered.

The court will also look into any history of physical or sexual abuse, how much contact the child has had with their parents in the past, and if either of them has used illegal substances. Depending on a client’s situation, custody matters may require simple negotiations or may require extensive legal representation by a child custody lawyer.

Benefits of Having a Child Custody Lawyer

Choosing the right child custody lawyer to support you and your family will bring invaluable benefits. Child custody decisions are typically made during a divorce, which causes strain on the adults and children going through an emotionally trying time.

A child custody lawyer can help reduce your stress so that you can focus on yourself and your children. They will provide legal advice and representation, gather evidence to support your case, negotiate with the other parent or their attorney, and ensure everything is done accurately and timely.

With the timeliness comes a quicker resolution. Nobody wants a dragged-out divorce, as it can become costly. A child custody lawyer may be able to help you and your spouse reach an agreement without going to court and can negotiate on your behalf.

Even the easiest of divorces will impact the children. A lawyer can bring stability and predictability to the situation, minimize parental conflicts, protect children’s best interests, and provide support and guidance to the parents so they can help their children cope. They can also ensure that your child’s voice is heard in the proceedings.

Choosing the Right Child Custody Lawyer

When you are deciding on the right child custody lawyer, you should consider one with:

  • A strong background in family law. This means they understand the laws and know about potential challenges.
  • Strong communication skills so they can explain complex legal concepts clearly, respond to you promptly, and keep you informed.
  • Availability to dedicate the time your case needs. This can provide greater confidence and assurance that your family matters to your lawyer.

Choosing the right child custody lawyer will greatly impact your experience and the potential outcome of your case.

Orange County Child Custody FAQs

Q: How Much Does a Child Custody Lawyer Cost in Orange County?

A: The cost of a child custody lawyer in Orange County will depend on the lawyer’s experience and reputation, how complex the custody case is, and location. Besides those costs, there will be court fees and other expenses, so to clearly understand the potential costs, you should discuss this with a lawyer in advance.

Q: What Are the Different Types of Child Custody in Orange County?

A: Orange County, CA recognizes two primary types of child custody: legal and physical. Legal custody includes the right to make major decisions about the child’s life, such as education, medical care, and extracurricular activities. Physical custody is where the child lives and spends time. Both legal and physical custody can be awarded as joint or sole.

Q: Can Child Custody Orders Be Modified?

A: Yes, child custody orders can be modified. However, there has to be a significant change in circumstances in order to do so. This could be a job relocation, remarriage, or the birth or adoption of another child. Additionally, if one parent is consistently violating the terms of the existing custody order, the other parent can seek modifications on those grounds. No matter the circumstances, the court will always prioritize the children’s best interests.

Q: What Should I Do if the Other Parent Is Not Following the Custody Order?

A: If the other parent is not following the custody order, you need to document violations thoroughly. This includes the dates, times, and details of the violations. You can attempt to talk to your co-parent about the issues, but if they are not willing to discuss them, you might need the support of a lawyer to file a motion with the court to either enforce or modify the order.

Q: Can I Get Sole Custody if the Other Parent Is Abusive?

A: Yes, you could potentially get sole custody if the other parent is abusive. If the court determines that the abusive parent poses a risk to the child’s safety or well-being, it may award sole custody to the non-abusive parent. An attorney can help you prepare evidence, which may include physical evidence, witness testimony, medical records, police reports, or other court orders, to show that the other parent is abusive.

At The Goldberg Legal Group, we understand that no child custody matter is exactly the same. We aggressively represent child custody and visitation issues on behalf of our clients whether during negotiations or at trial before the Orange County Court.

Whether negotiations or a Court hearing is needed, contact The Goldberg Legal Group to ensure that you receive proper legal representation in your Orange County child custody case.

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