Buena Park Child Custody Lawyer

Buena Park Child Custody Attorney

One of the most difficult things a parent can face is a custody battle for their children. These are usually stressful times for everyone and it is understandable for your emotions to run high when there is so much on the line. At Minyard Morris (formed over 48 years ago) we understand just how difficult these cases can be and believe you deserve a fierce Buena Park child custody lawyer by your side at all times, ensuring that your parental rights are protected and advocated for.

The team at Minyard Morris has been assisting clients facing a wide range of family law issues, including that of child custody, for years and has come with both the experience and resources necessary to show the courts that you are a dedicated, caring parent. We are also capable of aggressively litigating your side of the story should the need arise. If any doubt is cast on your parenting ability by your ex-spouse or their legal team, we are here to fight for you.

The last thing you should do in a child custody battle is give up. At Minyard Morris, we offer top-tier counsel and representation and won’t let your ex-spouse get their way without a fight. Trust our attorneys to handle your case with wisdom and professionalism and work to do everything in our power to ensure your parental rights are protected from anyone who might try to take them away.

Determining Custody of a Child in Buena Park, California

When going through a divorce or legal separation, one of the first courses of action, if there are minor children shared between the couple, is to create a parenting plan or custody schedule. This schedule must be reviewed and signed by a judge in order for it to become legally enforceable. Child custody is often the most contentious aspect of a divorce or separation, and when the parents cannot agree on this topic, it is up to the judge to make the final decision.

When it becomes up to the judge to make this final ruling of custody or visitation, there are several factors they will take into consideration. These factors can include:

The safety, health, and welfare of the child in question.
If either of the parents has a history of abuse, neglect, or addiction issues.
The relationship of the child with each of the parents.
The ties the child has to their community and school.
The age of the child.
The specific needs of the child.
Nature and stability of each parent’s home environment.
The ability of each parent to care for their child.
In some cases, the courts may also take into consideration the wishes of the child, though this, by no means, will be the deciding factor.

It is also important to keep in mind that in California, there are two different types of custody you might be awarded. These are:

Legal custody. This form of custody refers to the authority of each parent to have a say in the making of major life decisions regarding their child’s education, religious upbringing, and overall welfare. Depending on the situation, this custody can be awarded to both parents, known as joint legal custody, or one parent, known as sole legal custody.
Physical custody. This form of custody can be awarded to both parents jointly or one parent solely and refers to where and with which parent the child will reside. Most often, this custody is split in some manner between the two parents but does not guarantee that each parent will have equal time with their child.

How Minyard Morris Can Help Protect Your Parental Rights

At Minyard Morris, we have a long-standing record of resolving even the most bitter custody disputes and litigating in court for the benefit of our clients. With over 300 years of collective experience, our team is fully prepared to fiercely advocate for your parental rights in a court of law. Our firm is passionate about providing you with quality legal service throughout the divorce or separation process, including any custody battles that might be involved.

When you choose to work with our team, you can expect the following services:

To receive the tools and resources necessary to fully understand California custody laws and how they can impact your unique situation.
Assistance in negotiations with your co-parent and their legal team.
An aggressive defense of your position and advocate for your rights in a court hearing.
A thorough review of all documentation as it pertains to your child custody case.

FAQs

Q: What Will a Child Custody Lawyer Cost?

A: It is hard to offer a definite estimate about what a child custody lawyer might charge in California for their services. This is due to the fact that there are many nuances and elements involved, and no two cases are alike. The presence of certain elements can influence the final costs of hiring an attorney. These elements can include the complexity of your child custody fight and the overall experience of your lawyer.

Q: Can I Seek Modification for a Child Custody Order?

A: Yes, you retain the right to seek the modification of a child custody order in California if you can prove there has been a significant change in your life that would warrant such a modification. Reasons for a modification might include there being a substantial change in the child’s needs that one of the parents does not have the ability to care for or if one of the parents is no longer following the terms of the original order.

Q: What Is the Biggest Mistake in a Custody Battle?

A: There are several mistakes one should avoid making in a custody battle, as the presence of these mistakes could cost you your parental rights. These mistakes can include becoming extra difficult during proceedings for no real reason, talking badly about your co-parent to or in front of your children, or keeping your children away from your co-parent.

Q: What Do Judges Take Into Consideration When Determining the Best Interest of the Child?

A: There are several factors a judge will consider when determining what they believe is to be in the best interest of a child. These factors can include the age and desires of the child, the parent’s mental state and their home environment, the existence of any criminal history or record of abuse on the part of either parent, and the parent’s individual ability to care for their child.

Speak to a Family Law Attorney You Can Trust

Facing a child custody battle in Buena Park, California, can be a difficult place to find oneself. The correct thing to do is to contact a child custody lawyer who has both the experience and resources available to them to protect your parental rights. Call the offices of Minyard Morris today and set up a consultation to discuss your child custody matters.

Buena Park 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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