Anaheim Hills Child Custody Lawyer

Anaheim Hills Child Custody Attorney

At Minyard Morris, we understand that navigating child custody proceedings is not only complex but also emotionally taxing. Choosing the right child custody attorney for your case is crucial as it significantly impacts your future and that of your children.

In Orange County, where over 600 attorneys handle child custody cases, finding the ideal lawyer tailored to your needs is challenging, yet essential. There are many lawyers practicing in and around Anaheim Hills and thus it is easy to find ‘a’ lawyer. The goal is to retain the ‘right’ child custody lawyer for you and your case.

Inside Our Firm’s Secret Weapon: Weekly Collaboration Meetings

At Minyard Morris, we have a not-so-secret weapon that has fueled our success for decades: our weekly collaboration meetings. You may have heard about them—they’re the buzz of the family law community—and for good reason.

Three times a week, all 20 of our skilled attorneys gather to share insights, brainstorm solutions, and strategize every angle of our clients’ cases. This isn’t just a meeting; it’s a powerhouse session of over 350 years of combined family law experience working together for you.

The Magic Behind Our Meetings

You might be curious—what really happens behind these closed doors? Every Monday evening, Tuesday at noon, and Thursday at noon, we meet to dissect the complexities of our active cases. This isn’t a casual chat; it’s a mandatory, high-energy strategy session where every lawyer’s input is valued.

The topics we cover are diverse and far-reaching: How do we handle a particular opposing counsel? What approach will resonate with the assigned judicial officer? Are there recent appellate court decisions or new case laws that could impact our strategy?

Have we encountered similar cases in the past that might inform our current approach? We dive into everything from settlement options and evidentiary issues to trial tactics and the probability of success on key issues. These meetings are the heartbeat of our practice.

More Than Just Talk: Why It Matters to Our Clients

So, what does all this mean for you as a client? It means that when you hire us, you get more than a single attorney; you get a team of 20 family law specialists who come together regularly to ensure you get the best possible representation.

It’s like having a panel of experts backing your case, each bringing unique insights to the table. Compare that to working with a smaller firm, where your lawyer may only consult with one or two colleagues, and the difference becomes clear.

Here’s an example: During our meetings, one of our attorneys might raise a question about the legal support for a particular position. Often, another attorney has already dealt with a similar issue and can immediately provide insights, citing relevant court cases.

This rapid exchange of knowledge can save countless hours of research and provide a clear direction for moving forward. Sometimes, an attorney might just need a quick reality check on a contentious issue, and the group provides valuable input that shapes the strategy.

Why Choosing the Right Lawyer Matters

It’s important to recognize that not all lawyers are created equal in their skill sets or enthusiasm for child custody cases. Many attorneys accept child custody disputes simply to support their practice, despite preferring handling any other type of case.

This is why having just any lawyer isn’t enough—you need the right lawyer. Selecting an attorney without the necessary expertise or dedication can adversely affect your future and that of your children for years, possibly until they reach adulthood.

Our Family Law Expertise at Minyard Morris

Minyard Morris has specialized in family law since 1977, focusing exclusively on cases filed in Orange County to maintain a sharp edge in local judicial proceedings. Our firm boasts a team of 20 dedicated divorce lawyers, including 8 Certified Family Law Specialists, certified by the California State Bar and 3 who have successfully passed the certification examination.

In 2024, the independent lawyer rating service BEST LAWYERS IN AMERICA listed 19 of 20 Minyard Morris attorneys. We rely on over 350 years of collective experience to assist us and add to our ability to craft strategic solutions and navigate the complexities of child custody matters with precision, care, and efficiency.

We have consciously chosen not to dilute our expertise by operating in multiple counties. This decision allows us to dedicate 100% of our time and resources to maintaining the highest level of familiarity with local practice and the dynamics of the Orange County courts, to the benefit of the clients we represent in the Anaheim Hills area.

Specialized Services in Child Custody Matters

Child custody is perhaps the most significant and stressful challenge in family law. Our lawyers are adept at handling a wide range of child custody-related issues, including but not limited to:

Parental alienation
Child relocation requests
Legal and physical custody conflicts
Modifications of existing child custody orders
Psychological evaluations involving 730 experts
Comprehensive Child Custody Investigations (CCI)

Each case is unique, and mistakes in handling child custody matters can be irreversible, making the choice of your attorney all the more critical. The broad discretion judges have in these cases makes successful appeals difficult at best, and modifications to orders requires significant changes in circumstances—not merely a parent’s desire for more time with their child.

Why Trust Minyard Morris with Your Child Custody Case?

At Minyard Morris, we recognize the pivotal importance of child custody issues to our clients. We approach each case with the level of attention it demands, fully aware that generally there are no dress rehearsals or second chances in child custody litigation.

Trust us to represent your interests and advocate on your behalf in this critical area of family law. If you find yourself needing a reliable, experienced child custody lawyer in Anaheim Hills or anywhere in Orange County, contact Minyard Morris to ensure your rights and the well-being of your children are safeguarded. Call us at 949-724-1111 or use our online contact form to discuss how we can assist you in this critical time.

Anaheim Hills Family Law Practice Areas:

Anaheim Hills 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 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.

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.

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