Costa Mesa Child Custody Lawyer

A child custody case in Costa Mesa can make you feel like everything is on the line. While the idea of a court determining your parenting schedule may leave you feeling uneasy, it is important to remember that there are strict rules and procedures for child custody cases that must be followed. Having a skilled Costa Mesa child custody lawyer by your side ensures that your voice is heard and considered by the court. Legal representation can provide invaluable peace of mind during this difficult time.

A Costa Mesa Law Firm Focused on Delivering Strategic Representation

A child custody case in Costa Mesa can feel monumental since your child is one of the most important parts of your life. At Minyard Morris, we recognize the importance of protecting your relationship with your children and are committed to achieving results that safeguard those connections. We continuously explore innovative solutions to custody challenges that arise because we understand that no two cases are ever the same.

Three times a week, our entire legal team steps away from individual caseloads to collaborate in strategy meetings. This collective problem-solving allows our attorneys to exchange ideas, refine approaches, and tackle difficult legal issues with fresh perspectives. When one attorney faces a challenge, they have a team of experienced family law professionals to consult. This unique, team-based approach enhances our ability to secure strong results for our clients.

Legal and Physical Custody

As your case moves forward, the courts will establish custody rights for both you and the other parent. Legal custody refers to the legal decision-making power held by one or both parents. These include the authority to make decisions about schooling, medical treatments, and religious training. Often, this type of custody is shared jointly by both parents.

Physical custody determines where the child lives. If one parent is given sole or primary physical custody, the child’s main home will be with that parent. If the parents split their parenting time evenly, that 50/50 arrangement would mean that the child has two homes.

What to Expect During Your Custody Case

Some people may have the idea that the courts step in and make important parenting decisions on behalf of parents, but this isn’t always true. The courts understand that parents know their children better than anyone else. Parents are encouraged to reach agreements on child custody and visitation orders that work for their family.

It is only in cases where both parents cannot come to an agreement that a judge will step in to make those decisions. When a judge makes a custody determination, they do so based on the best interests of the child. They also consider factors like where the child has lived, who they spend more time with, and the ability of each parent to raise the child.

Why Legal Representation Matters

Each client comes to court with their own goals and interests. Achieving those goals requires a deep understanding of family law, the court system, and the particularities of individual courts. Family law attorneys use their knowledge of the law and first-hand experience handling family court cases to help clients further their aims in court. Without legal representation, you risk losing parenting time with your child and other important rights in Costa Mesa.

An attorney is an advocate who can monitor the progression of the custody case and take decisive action when needed. They may need to address false accusations made by your soon-to-be ex or negotiate a favorable parenting schedule that protects your time with your child.

FAQs

Who Is More Likely to Win a Child Custody Case?

Often, the parent who has stronger legal representation wins a child custody case. This is because lawyers play a critical role in shaping the outcomes of child custody cases. A parent who has a strong track record of being a reliable and loving parent stands a strong chance of winning a child custody case, and a lawyer can help you prove how capable you are. The family courts consider many factors when making these decisions.

What Is the Most Common Child Custody Arrangement in California?

The most common child custody arrangement in California is joint custody, where the child spends quality time with both parents at separate times. When both parents are fit to parent, the courts generally award joint custody. This doesn’t always mean a 50/50 split between time. Individual cases vary considerably, accounting for a parent’s history of abuse, neglect, substance abuse, or fitness to care for the child.

What Is the Biggest Mistake Parents Make in a Custody Battle?

The biggest mistake a parent can make is to have unrealistic expectations and to be unwilling to adjust those expectations when faced with the realities of the court. It is reasonable to go into a case wanting to maximize the time you can spend with your child, but compromise may be needed to finalize a divorce or custody battle. The courts can tell when one parent is being unreasonable. Those tactics could eventually lead to unneeded delays.

What Should You Avoid Saying During a Custody Case?

During a custody case, do not say anything that could compromise how you are viewed by the court. Remain focused on your child and provide them with your time and resources. If you are preoccupied with saying disparaging things about the other parent without evidence to back up those claims, you could be seen as someone who isn’t focused on the needs of their child.

Contact Minyard Morris to Get Defense Related to Child Custody Cases

Child custody cases should always prioritize the needs of your child. If you are ready to work with a legal team that takes your parental rights seriously, we welcome you to contact Minyard Morris today. When you partner with our firm, you gain access to the collective knowledge of 20 family law attorneys.

Whether you are going through a divorce, seeking parental rights as a father, or requesting a child custody modification, we can provide you with the services and strategies you need.

We rely on the power of collective problem-solving to find novel solutions to complicated problems. Our ultimate goal is to deliver exceptional results for our clients. To learn how we can help you achieve your goals in family court, contact our office today.

Costa Mesa 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.

Testimonials

HEAR FROM MINYARD MORRIS CLIENTS

Google Reviews

Contact Us

SCHEDULE A MINYARD MORRIS CONSULTATION

Contact Minyard Morris now to schedule a consultation with our attorneys and legal professionals.