Anaheim Child Custody Lawyer

Anaheim Child Custody Attorney

Child custody cases can be emotionally contentious. Both parents may fear losing precious time with their child or children. Having a skilled Anaheim child custody lawyer by your side throughout this process can add a level of security and certainty to what may otherwise be an uncertain situation. Legal representation ensures that your rights are protected, and your interests are considered by the court.

A Law Firm That Values Strategic Planning

At Minyard Morris, our family law team combines strategic planning with a client-focused approach to achieve favorable outcomes in court. Every case we take is handled with careful attention to the unique needs of our clients. This ensures that our clients’ interests remain the priority at every stage of the process.

With a team of 20 dedicated family law attorneys, we bring a wealth of collective experience to each case. Regular strategy meetings allow us to collaborate, analyze complex legal challenges, and develop innovative solutions. This teamwork ensures that every client benefits from our firm’s combined knowledge and insight.

Legal Versus Physical Custody

One important concept that comes up during child custody cases in Anaheim is physical versus legal custody. Legal custody refers to the right to make important decisions on your child’s behalf. These can include decisions related to healthcare, education, and religious training. Many parents ultimately end up with joint legal custody over their child.

Physical custody refers to where the child primarily lives. One parent may be awarded primary physical custody over a child, or the child may end up splitting their time evenly between the homes of both parents. In rare cases involving child abandonment, abuse, or other serious acts, one parent may be awarded sole custody over a child.

What to Expect From Your Child Custody Case

The family courts encourage parents to work together to come to a consensus about what child custody and visitation agreements work for them and the child. Although these negotiations can be difficult, having matters that you can agree on can reduce the time you ultimately spend in family court. In some cases, mediation may be needed to resolve contentious areas of disagreement.

If you and the other parent cannot come to an agreement, a judge will ultimately make that decision based on what evidence the judge has before them and what arrangement they believe serves the best interests of the child.

How an Attorney Can Protect Your Parental Rights

Family law attorneys perform many important duties that can ultimately ensure that you maintain significant time with your children following a divorce. Your lawyer can carefully monitor court filings from opposing counsel to stay ahead of any efforts on their part to influence the outcome of a case in their favor.

If you are accused of child abuse or neglect in Anaheim, your attorney can take swift action to ensure those false allegations do not affect your case. Your lawyer can negotiate with the other side so that the final agreement accounts for the interests of your child and protects your visitation and custody rights.

Child Custody Modifications

There are times when a modification to your custody order is needed and appropriate. Over the years, changes in the living circumstances of one or both parents may necessitate court action to update the custody order.

In some cases, both parents may agree on the terms of the modification. In other cases, one parent’s neglect or failure to exercise their rights may lead the courts to award additional rights to the parent who has been more stable and present in their child’s life. It is important to remember that modifications of child custody orders could have implications for the current child support orders.

FAQs

What Makes a Parent Unfit for Custody in California?

A parent may be found to be unfit for custody if they engage in child abuse, neglect, or abandonment. However, these are only some of the most common reasons a court would find one parent to be unfit. Incarceration and drug use are also grounds for being given this label. Any parent who is found to be unfit could have their visitation rights significantly reduced.

Does It Matter Who Files for Custody First in California?

It generally does not matter who files for custody first in California. The courts ensure that both parties have the opportunity to participate in the child custody process. If you were caught off guard by the other parent’s petition to establish or modify child support, you still have time to retain legal counsel to counter their arguments in court.

How Can a Parent Get Full Custody in California?

A parent can get full custody in California if the other parent is not seeking any meaningful role as a parent. If one parent is found to be a serious danger to their child, the courts may award full custody to the other parent out of safety concerns. In cases where both parents are engaging in the legal process, the courts generally award a custody agreement that protects the parental rights of both parties.

Who Pays Attorney Fees in California Child Custody Cases?

Both parties to a custody case should be willing and able to pay for their own legal counsel. There are situations where one spouse is awarded attorney’s fees based on financial need, but these outcomes are rare and never guaranteed. Unlike the criminal courts, there is no constitutional right to an attorney in family court.

Need Help with Child Custody? Minyard Morris Is Here for You

If you are preparing for a child custody case, don’t approach it unprepared. Failure to secure strong legal representation before a case begins could lead to an unfavorable outcome that adversely affects the time you spend with your children in the years to come.

The legal team at Minyard Morris understands how critical securing a favorable outcome to your family court case is to you, and we take a strategic approach to every case we take on. You’ll also benefit from the collective experience and insight of our 20 career family law attorneys. To schedule your child custody consultation, contact our office today.

Anaheim 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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