Tustin Child Custody Lawyer

Tustin Child Custody Attorney

Navigating child custody proceedings is a daunting and emotionally charged process. At Minyard Morris, we understand the stakes involved and recognize the profound impact that your choice of attorney will have on your family’s future. In Orange County, a region with over 600 attorneys handling child custody cases—many based in Tustin—it is imperative to find a lawyer who not only understands the law but also is committed to your case.

Collaborative Firm Meetings at Minyard Morris

For many years, Minyard Morris has made it a priority to hold regular meetings focused on analyzing and strategizing for our clients’ cases. Our team of highly experienced family law attorneys, with over 350 years of combined expertise, gathers three times a week—Monday at 5:00 pm, and Tuesday and Thursday at noon—to delve into the intricacies of ongoing cases. These meetings are not optional; they are a key component of our firm’s approach to case management.

During these sessions, our attorneys discuss a wide range of topics, such as how to best address the challenges posed by specific opposing counsel, strategies tailored to the judicial officer overseeing the case, recent case law and appellate decisions, insights from recent seminars, and experiences from handling similar cases in the past. We also explore settlement options, evidentiary issues, trial tactics, the value of the matters at hand, and the likelihood of success, all while keeping our clients’ objectives and goals in mind.

The family law community is well aware of our commitment to these regular conferences. We frequently receive inquiries from other lawyers and judicial officers, intrigued by our unique collaboration model.

Our meetings are not just a discussion but a powerful tool that attracts talented attorneys to our firm, allowing us to leverage the collective experience of 20 family law specialists. This collaboration is a unique advantage we bring to our clients.

What Does This Mean for Our Clients?

The value of these meetings for our clients is substantial, though it varies from case to case and cannot be easily quantified. However, consider this: would you prefer to have the backing of 19 other seasoned family law attorneys who specialize exclusively in Orange County family law, with the full support and resources of Minyard Morris? Or would you rather rely on the counsel of just one or two lawyers in a smaller firm?

A common occurrence in our meetings is the discussion of legal support for specific positions, whether they are our own or those of the opposing side. Often, one of our 20 attorneys has dealt with the exact or a related issue before and can quickly identify relevant appellate court cases, providing a solution without requiring extensive research. This kind of efficiency benefits our clients directly.

At times, an attorney might seek a “reality check” on a case, opening the floor for input and guidance from the team. Other discussions might revolve around the probability of winning an issue before the assigned judicial officer or selecting the right expert for a particular case.

One of the most significant aspects of our meetings is brainstorming on how to structure settlements and creatively overcome obstacles that could impede a resolution. These discussions cover a nearly limitless range of scenarios.

A Unique Commitment

We dedicate the time of 20 attorneys to these meetings three times a week, without ever billing our clients for this internal collaboration. The cost to the firm for these meetings is substantial, given our attorneys’ hourly rates ranging from $350 to $800. Despite the expense, we remain steadfast in our commitment to these conferences because of the immense value they provide for our clients.

While other firms may have informal discussions among their lawyers, none can match the frequency or intensity of our meetings. These sessions are a key factor that sets us apart in the family law field, offering a distinct advantage to our clients.

At Minyard Morris, we are dedicated to delivering the highest level of client service and achieving the best outcomes. We firmly believe that our collaborative meetings play a pivotal role in our clients’ representation and success.

Why the Right Lawyer Is Crucial

Not every lawyer possesses the same level of skill, passion, or focus on child custody disputes. Some attorneys prefer not to handle child custody cases, which may impact their dedication to your custody issues. The importance of choosing a lawyer goes beyond credentials; it’s about finding someone whose expertise and dedication align with your needs.

An underqualified or indifferent lawyer can have long-lasting repercussions on your life and the lives of your children. You want to retain a child custody lawyer who sees your case for exactly what it is—the most important thing in your life while the case is pending.

Our Expertise and Commitment

Since 1977, Minyard Morris has dedicated itself to the practice of family law, with a particular focus on limiting its service to clients whose cases were filed in Orange County. Our firm is comprised 19 skilled family law attorneys, including 8 Certified Family Law Specialists certified by the California State Bar, and 3 who have successfully passed the rigorous certification examination.

Our firm and its lawyers have received more awards, recognitions and accolades than any other Orange County family law firm. Together, our team harnesses nearly 350 years of combined experience to navigate the complexities of child custody with precision and empathy.

Choosing to operate exclusively within Orange County allows us to concentrate our efforts on understanding the specific nuances and dynamics of the local courts, rather than spreading our expertise and energy across multiple jurisdictions.

Specialized Services for Complex Custody Challenges

Child custody issues are among the most intricate, nuanced, and emotionally taxing in family law. Our attorneys are proficient in addressing a broad spectrum of custody-related matters, including:

Parental Alienation: Navigating the challenges associated with alienation which requires sensitivity and legal acumen.
Child Relocation Requests: We help clients negotiate the complexities involved when a custodial parent wishes to move with the child.
Conflicts Over Legal and Physical Custody: Determining and advocating for your parental rights and responsibilities.
Modifications of Custody Orders: Addressing significant new events or circumstances that necessitate adjustments to existing arrangements.
Psychological Evaluations: Coordinating with 730 experts to ensure thorough and fair assessments.

Why Trust Minyard Morris with Your Tustin Child Custody Case?

At Minyard Morris, we are deeply aware of the critical importance of child custody matters to our clients. We approach each case with the utmost care and dedication, recognizing that there are often no second chances in custody litigation. We are committed to representing your interests and advocating passionately on your behalf.

If you require a knowledgeable, experienced child custody lawyer in Tustin or anywhere in Orange County, trust Minyard Morris to protect your rights and the well-being of your children. Contact us today to ensure that your case is handled with the attention and expertise it deserves.

At Minyard Morris, we are ready to help you with your family law and divorce needs. Please reach out to us at 949-724-1111 or use our online contact form to discuss how we can assist you in this critical time of your life.

Tustin Child Custody Lawyer FAQ

When Should a Client Expect to Hear a Divorce Lawyer’s Detailed Analysis of Their Child Custody Matter?

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.

Will the Divorce Courts Allow Parents to Design Their Own Custody Schedules?

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.

When Does a Family Law Court Use the Best Interests of a Child Standard as Opposed to Change of Circumstances Standard in Making Child Custody Orders?

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

What is Child Custody Mediation?

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.

What is Legal Child Custody?

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

What is Physical Child 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.

What Experts May a Family Law Court Appoint in a Child Custody Matter?

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

What Factors Do Family Law Courts Evaluate When Making Child Custody Orders?

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

What Factors Does a Family Law Court Look to In Determining Whether to Allow a Parent to Relocate a Child’s Residence?

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.

What is a 730 Child Custody Evaluation?

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.

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