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Fountain Valley Divorce Attorney

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Fountain Valley Divorce Attorney

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Fountain Valley Divorce Lawyer

When people get married, they intend for their union to last. Marital strife, however, affects many couples and can arise for numerous reasons. While some couples weather marital storms, others choose to part ways.

The award-winning Orange County divorce lawyers at Minyard Morris are prepared to assist you if your marriage is coming to an end. Our team of 20 attorneys has over 350 years of collective experience and is dedicated to collaborating with each other to find solutions for family law clients. We understand how hard divorce is, and we are ready to provide you with compassionate, transparent and tireless advocacy during yours.

Best Fountain Valley Divorce Attorney

How Does The Divorce Process Work in Orange County?

In Orange County and throughout California, divorce is a four-part process. The different parts include:

  1. Filing for divorce: One spouse will file for divorce and the other will respond to their petition.
  2. Discovery: Spouses will share their financial information with each other and, with an attorney’s help, file subpoenas if necessary to request any missing details.
  3. Negotiations or court hearings: Couples can choose to go through mediation, where they will work out the issues of their divorce together. Or, if they cannot cooperate (or the divorce is a high-stakes event), they will resolve their issues through litigation.
  4. Completing the divorce: Couples will finalize their divorce in court once they have reached consensus (or a judge has made decisions) on all issues.

At Minyard Morris, we are committed to guiding you through the divorce process from beginning to end.

Why Should You Choose Minyard Morris?

Minyard Morris is known as the law firm that lawyers choose to represent them. Since our legal peers trust us to handle their divorce and family law issues, you can rest assured you will be in good hands with our team.

We have also received numerous awards and honors from major publications. Our attorneys have been recognized by Best Lawyers, Super Lawyers and Lawdragon for the caliber of their work.

Furthermore, we stay true to our values and take a unique team approach to every client’s case. We are dedicated to giving you our undivided attention, providing you with honest legal guidance and handling your affairs with integrity.

We will also address your case in our group conferences (which happen three times each week), where all of our lawyers come together and collaborate on case strategies. When you work with one of our lawyers, you get the support of our whole team.

How Can Minyard Morris Help With Your Divorce?

Our firm is capable of handling all aspects of divorce cases, including:

  • Business concerns: We help Orange County business owners value their enterprises properly and retain ownership of them.
  • Child custody and parenting plans: We assist clients in working out parenting arrangements that work for everyone.
  • Child support: We prepare parents for their child support obligation and help them understand what their kids need to thrive.
  • High net worth issues: We assist high-asset individuals with the unique challenges they face during divorce proceedings.
  • Mediation: We support people seeking a more amicable way to end their marriage.
  • Property division: We strive to protect the property of our clients and ensure that property settlements are as fair as possible.
  • Spousal support: Spousal support plays a part in some – though not all – Orange County divorces. We partner with clients to determine whether it will be a factor in theirs.

Expert Fountain Valley Divorce Lawyer

What is Physical Custody?

Defining Physical Custody

Physical custody refers to the arrangement determining where a child resides and how the child’s time is split between parents. When both parents have joint physical custody, the child usually divides time relatively equally between each household, often around a 50/50 split. If one parent has significantly less time with the child, their time is generally termed “visitation,” specifying days or hours for the child to be with that parent.

The goal of physical custody is to provide a stable and supportive environment for the child while fostering meaningful relationships with both parents. Physical custody arrangements can be tailored to the child’s needs and the parents’ schedules, potentially including alternating weeks, splitting weeks, or setting specific holiday and weekend arrangements. Courts focus on establishing a setup that supports the child’s emotional well-being and development.

What Does Legal Custody Cover?

Understanding Legal Custody

Legal custody is the right to make major decisions regarding the child’s health, education, and general welfare. Courts commonly favor granting joint legal custody so that both parents can contribute to critical choices affecting their child’s future. Joint legal custody encourages cooperative parenting, keeping both parents involved in decisions that shape the child’s life.

However, in situations where parents are unable to make decisions together or consistently cooperate, the court may assign sole legal custody to one parent. This arrangement gives that parent full authority to make essential decisions without needing the other parent’s agreement. Courts generally reserve sole legal custody for cases where one parent’s involvement may disrupt the child’s stability or when ongoing disputes delay necessary decisions.

Legal custody covers important areas such as selecting schools, planning healthcare, choosing religious practices, and determining extracurricular involvement. While courts strive to maintain both parents’ involvement, they recognize that certain situations require a clear, single decision-maker to best serve the child’s needs.

Can Parents Set Up a Non-Modifiable Custody Arrangement?

Fixed Custody Agreements

Parents may sometimes want to create a custody arrangement that they believe cannot be altered. However, family courts always retain the power to modify any custody agreement, as the child’s best interests take priority. Even if parents agree to a “fixed” arrangement, it cannot be enforced as unchangeable because circumstances may arise that require the arrangement to be revisited.

Courts view custody and support agreements as flexible since children’s needs and family dynamics can shift over time. Modifications may occur if there are changes in a parent’s situation, the child’s needs evolve, or if an external factor, such as a move or a job change, affects the current arrangement. While the court respects parents’ efforts to establish stability, it also prioritizes adaptability to address changes that could impact the child’s well-being.

How Can Cooperation with My Co-Parent Benefit My Custody Case?

The Impact of Cooperation on Custody Outcomes

In custody proceedings, courts often assess each parent’s ability to foster a positive co-parenting environment. Demonstrating flexibility, open communication, and respect toward the other parent is seen favorably. Courts generally support the parent who encourages a strong relationship between the child and the other parent, as this reflects a willingness to put the child’s needs above personal conflicts.

Actions that impede co-parenting—such as refusing visitation, failing to communicate, or undermining the other parent’s authority—can negatively affect a parent’s standing in court. The family court values parents who can work together and put aside personal grievances, recognizing that cooperative behavior reduces stress for the child and promotes a stable, nurturing environment. When parents demonstrate respect and show that they prioritize their child’s well-being, they make a positive impression in custody cases.

How Difficult is it to Change a Custody Order?

Modifying Custody Arrangements

Changing a custody order can be challenging because the court typically requires a substantial change in circumstances before revisiting the arrangement. This “change in circumstances” standard is intended to prevent minor issues from causing disruptions that could destabilize the child’s life. Courts generally need evidence that a significant shift has occurred, affecting the child’s well-being, before they consider modifying an existing order.

Typical reasons for requesting a modification may include changes in the child’s needs, such as health or educational requirements, or shifts in a parent’s circumstances, like relocation or new work commitments.

Seeking advice from a knowledgeable family lawyer can help clarify if the situation qualifies as a substantial change. Filing without strong evidence can result in court rejection and could even require the requesting parent to cover the other parent’s legal costs if the modification request is seen as unwarranted.

Can I File a New Request if My Custody Modification Was Denied?

Reapplying for Custody Changes

A parent can file another request for custody modification if there are new, significant changes in circumstances. However, reapplying without providing fresh evidence or relevant updates may be seen as an attempt to re-litigate settled issues, which courts typically discourage.

Before re-submitting a request, parents should ensure they have clear, substantiated reasons for why a modification is now in the child’s best interest.

Presenting strong evidence of changed circumstances—such as relocation, new health information, or changes in the child’s school needs—will strengthen the case. Filing a new request without substantial reasons can lead to penalties, including covering the other parent’s legal fees if the court deems the filing excessive. Courts are focused on maintaining consistency and stability, and repeated requests without a solid basis may impact the court’s view of the filing parent.

Can Courts Adjust Parenting Time Without Major Changes?

Adjustments to Parenting Schedules

Although major custody modifications usually require significant changes, the court can adjust parenting schedules with more flexibility. For instance, if a 50/50-time split is no longer practical, the court might shift to a different schedule without requiring a major change in circumstances. This approach allows courts to fine-tune arrangements to better fit the child’s evolving needs.

The court still considers the child’s best interests when making even small adjustments, examining how changes might impact the child’s routines, school activities, and overall well-being. For example, adjustments may be necessary if the current schedule disrupts the child’s schooling or if it interferes with essential activities. The court can make these minor changes to support the child without requiring proof of significant shifts in the parents’ circumstances.

When Would the Court Order Supervised Visitation?

Understanding Supervised Visits

When concerns arise about a child’s safety or well-being, the court may order supervised visitation, where a trusted adult, such as a family member, friend, or trained professional, monitors the visit.

Professional supervisors are often required to undergo background checks and specific training. Supervised visitation is usually a temporary measure that remains in place until the court feels assured that unsupervised visits would not compromise the child’s safety.

The court will determine who is responsible for any fees associated with professional supervision, especially if a qualified friend or family member is not available to act as a monitor. Supervised visitation allows the child to maintain a relationship with both parents while ensuring their safety in a controlled setting.

Is a 50/50 Custody Split Standard Practice?

Equal Custody and Court Considerations

Courts often consider a 50/50 custody arrangement as an ideal starting point, as research shows that children benefit from spending substantial time with both parents. However, equal custody time is not guaranteed; the court will adjust the arrangement based on what is in the child’s best interest. Safety concerns, work schedules, or logistical issues may make a 50/50 split impractical or undesirable.

For instance, if one parent’s work hours prevent them from spending consistent time with the child or if concerns about the living environment arise, the court may assign an alternate arrangement. While courts prioritize the child’s relationship with both parents, they will structure custody based on what best meets the child’s needs and promotes a supportive atmosphere.

Are Parents Expected to Be Perfect?

Realistic Expectations in Custody Cases

Courts recognize that no parent is without flaws. Still, they expect parents involved in custody disputes to act responsibly and keep the child’s well-being at the forefront. Reckless or irresponsible behavior, especially if highlighted by the other parent, can harm one’s standing in a custody case. Demonstrating maturity, respect for the other parent, and commitment to the child’s needs are highly valued.

Parents who focus on providing a stable environment, avoid unnecessary conflict, and exhibit patience and maturity tend to leave a positive impression on the court. While perfect parenting isn’t a requirement, showing a commitment to consistency and child-centered decisions can strengthen a parent’s case.

How Can Social Media Affect My Custody Case?

Social Media Use and Custody

Social media activity can be scrutinized in custody cases, as even seemingly innocent posts may be misinterpreted and used against a parent. Content that might imply poor judgment could negatively influence the court’s perception, so it is often best to minimize or avoid posting on social media during custody proceedings. Even routine posts could be taken out of context, so reducing online activity can prevent potential misunderstandings.

Deleting social media content once a custody case is underway might be seen as evidence tampering, so simply reducing new posts and avoiding potentially controversial content is generally the safest approach.

How Can I Get Court Approval to Move with My Child?

Relocation Requests and Custody

If a parent wishes to relocate with their child, they usually need court approval, particularly if the move impacts the other parent’s access. Moving without consent can result in legal repercussions, as the court carefully examines how the relocation affects the child’s relationship with each parent. Winning a relocation request at the trial level is crucial, as custody-related appeals are rarely successful.

Courts consider multiple factors, such as the reason for the move, its impact on the child’s education, and how it will affect the child’s relationship with both parents.

Make An Appointment With A Fountain Valley Divorce Lawyer

If you are an Orange County resident considering or preparing for divorce, get a head start by booking a confidential consultation with one of our award-winning lawyers. We are eager to guide you through the divorce process and help you take steps to start afresh. Making an appointment is as simple as emailing us or calling 949-724-1111.

Fountain Valley Family Law Practice Areas:

Fountain Valley Divorce Attorney FAQ

A client should expect their divorce lawyer to be beyond candid, and explain to them the strengths and weaknesses of the case, and the probable outcome of litigation at the first attorney-client meeting and at every stage during the process, as new facts unfold. A client should have the opportunity to make informed and timely decisions about their children. Our Orange County divorce lawyers are known for telling our clients the good, the bad, and the ugly about child custody matters – early and often. Clients deserve to hear the truth, not a sales pitch.

The parties may agree to resolve their differences in child custody and child visitation matters. If the parties reach an agreement, they are not required to attend a court mandated child custody mediation. The Orange County divorce court will sign a child custody stipulation, and rarely questions the parents’ decisions in these matters.

If the divorce court is asked to make orders relative to child custody, it will make the determination based on the best interests of the child unless the hearing is the modification of a “final” order (Montenegro v. Diaz) and in that case, the test will be whether there has been a “substantial change of circumstances.” (Burchard v. Garay)

The divorce court considers many different factors in determining “best interests” or “change of circumstances.” These two concepts are somewhat vague and subject to interpretation. Results of child custody litigation are not overly predictable by divorce lawyers. Different Judges may rule different ways on the same set of facts. Divorce courts have wide discretion in child custody litigation and reversing a divorce court’s child custody order on appeal is rare given the high degree of discretion.

The parties may not contract with each other or stipulate as to a particular standard of review relative to future child custody orders and the divorce court would not be bound by such stipulations. In Marriage of Cohen, the court ruled that parties could not bind the court relative to child support orders and the same rule would apply to child custody orders. (IRMO Cohen)

Best Interests of Child

Before any contested child custody matter may be presented in a divorce court, the parties must attend court mandated child custody mediation. If one of the parties fails to attend the child custody mediation, the custody consequences may be sanctions and/or a delay in the proceedings. In Orange County, child custody mediation is confidential and the results of the child custody mediation are not reported to the judge unless a child custody agreement is reached. The rules are different in other counties.

Divorce lawyers do not accompany the parties in the child custody mediation sessions.

It is important to speak with an Orange County divorce lawyer prior to the child custody mediation in order to understand the process, purpose, goals and most likely result in court if an agreement is not reached in mediation.

It is critical to understand that an agreement is reached in mediation, that agreement will likely be the order that will control custody for years to come. Although child custody orders can be modified, it is not always easy to do so. The child custody mediator will report any agreements to the Orange County family law Judge assigned to the case.

If a party cannot attend the mediation, he or she must telephone the mediation office and reschedule the appointment.

Legal child custody addresses the right and responsibility to make decisions regarding a child’s health, education and welfare. Parties are generally awarded joint legal child custody in Orange County Superior Court.

In unique situations, a family law court may award legal child custody to one parent in a designated area: education, extra-curricular activities or medical issues. This type of child custody order may be made when the parties have a history of high conflict in one of these specific areas and have demonstrated an inability to co-parent.

Most courts in Orange County are reluctant to make orders designating which school a child should attend and courts will often award legal child custody to one parent relative to educational issues and authorize that parent to make the school selection decisions.

Physical and Legal Custody

Physical child custody addresses where a child physically resides, and the parenting time of each parent. A physical child custody order determines which parent has supervision rights and responsibilities for the child during designated periods. The parties may be awarded joint physical child custody, or physical child custody may be awarded to just one party. Joint physical child custody does not necessarily mean equal time sharing. A 70/30 time share could be labelled joint child custody. The parties may be awarded joint physical child custody, with one parent being designated as the primarily custodial parent.

Divorce courts in Orange County rarely split sibling’s between the parents. It is generally believed that it is in the sibling’s best interests to live together.

The divorce court may, on its own motion, or at the request of a divorce lawyer, order an Evidence Code Section 730/Family Code Section 5111 child custody evaluation, a “child custody investigation” (CCI), or appoint an Orange County divorce lawyer to represent a child (minor’s counsel). The divorce court may also order the parties to participate in therapy relative to child custody for a limited period of time.

The Potential Family Law Team

Divorce courts look at many different factors relative to making its child custody orders including the factors set for the below:

  • Age and maturity of child
  • Child’s preference
  • Health, education, and welfare of the child
  • Relocation of child’s residence
  • Mental/emotional disorders of a parent or child
  • Special needs of the child
  • Cooperation or lack of cooperation between the parents
  • Domestic Violence
  • Work schedules of the parents;
  • Parenting skills
  • Relationship between the child and each parent
  • Educational needs of the child
  • Cultural factors
  • Criminal activity
  • Parental support systems
  • Parent’s willingness to promote continuous and frequent contact with the other parent
  • Drug use

A divorce court will look to a number of factors in making the determination in the relocation of a child’s residence including, but not limited to: the extent of shared custody, willingness to place the children’s best interests first, reasons for the move, relationship of the child with each parent, distance of the move, age of the child, ability of the parents to cooperate and communicate, stability and continuity, relationship of the parents, and the child’s wishes.

In some contested child custody cases, the divorce court may order the parties to participate in an Evidence Code Section 730/Family Law Code Section 3111 child custody evaluation, performed by a mental health professional who makes recommendations to the divorce court about a child custody and related matters.

An Orange County family law court is not required to approve the parties agreement to retain an Evidence Code Section 730/Family Law Code Section 3111 expert to conduct a child custody evaluation. Most Orange County divorce courts do not automatically grant requests for child custody evaluations for a variety of reasons.

Evidence Code Section 730/Family Law Code Section 3111 child custody evaluations delay the resolution of a contested child custody case by four months or more and child custody evaluations can cost tens of thousands of dollars.

The child custody evaluator interviews the parties, the children, and may interview neighbors, friends, doctors, therapists, relatives, teachers, or other individuals that have relevant information. The evaluator may visit the home of each parent to perform a “home visit.”

Typically, the child custody evaluator will meet with the parties alone, the parties together, each party with the children, and the parties and the children together. The divorce lawyer does not accompany a client in the sessions.

The appointment of a child custody evaluator can increase the attorneys fees on both sides, as a counter expert may be retained, deposing the individuals interviewed by the child custody evaluator, lengthening the trial itself due to the additional witnesses and potentially expanded issues.

Testimonials

HEAR FROM MINYARD MORRIS CLIENTS

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I would recommend this firm to anyone having to go through a divorce. My attorney and the entire staff treated me like I was their only client. My experience was excellent, my attorney was prepared and I was totally satisfied with the outcome.No one wants to go through a divorce but if you have to […]

Marcia VanDalsem

My experience with Minyard Morris was very positive. Lonnie Seide is an outstanding attorney. He is reliable, professional and compassionate. He not only provided his level of expertise, but also offered emotional and practical support which can be an invaluable benefit during the divorce process. He is an honest and caring person who looks out […]

Gina Y

I do not have enough words to express the gratitude I have for my attorney, Lonnie K Seide, in Newport Beach. Lonnie handled my entire divorce proceeding a few years ago and continued to represent me with post-divorce issues.With my very difficult marriage I knew my ensuing divorce would be extremely challenging. I was encouraged […]

Lydia Wong

Matthew Buttacavoli at Minyard Morris is absolutely fabulous. Matthew was very knowledgeable and professional dealing with my complicated and contentious case. I was extremely happy with the outcome.

Helen Jennings

Who thought getting a divorce could be a pleasant experience? Well mine was from the moment I walked in the door I was greeted with a professional and caring staff. My divorce went without a single hitch, my attorney was fantastic and the whole thing was over before I knew it. The office is absolutely […]

Marcia Van Dalsem

Matthew and his team are top notch! He is very thorough and never overlooks a detail. He and his assistant Anna a very professional, prompt, and understanding. He is the one guy I trust to get an unbelievable outcome which he did for me. Highly Recommended.

Frank Nastanski

When I was in one of the darkest periods of my life-deciding to divorce my husband- I felt like I didn’t know where to turn or who to turn to for help. I was given a name from a friend, so I called. I first talked to Mark Minyard, who spent quite a bit of […]

Cathleen Greer

Matthew and his team are both professional and intelligent! In addition, Matthew pays attention to the details, which do matter!! The result obtained in my case was better than I expected. I Highly Recommend Matthew and Minyard Morris.

lonnie adams

I had the opportunity to be able to consult with both Mark Minyard and Scott Savage regarding divorce issues. Both of them were very responsive and provided sound, practical advice that thoroughly covered various scenarios and my options. I believe they have the best interests of their client at heart, and was very appreciative of […]

Steven Cole

Mr.Jonathon Little is an asset and compliment to a terrific firm. His professional comportment, coupled with his wit and humor, guided me through an uncomfortable process with ease and expediency. I was stoked to have him represent me.I almost want to go through it again because it was so fun to deal with something that […]

Richard Burgi
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