Cypress Child Custody Lawyer

Cypress Child Custody Attorney

Child custody cases are often complicated and require a deep understanding of family law and the ability to successfully negotiate favorable outcomes for clients. If you are currently going through a child custody case, you need assertive legal representation. Having an experienced Cypress child custody lawyer by your side can help you resolve areas of disagreement while still protecting parenting time with your child.

Serving Clients in Cypress With Exceptional Legal Services

At Minyard Morris, we understand that even an exceptional family law attorney doesn’t always have all the answers. That’s why we set aside time three days a day to engage in group strategy meetings. The goal of these sessions is to use our collective experience to problem-solve individual cases. When you hire our firm, you gain access to a wealth of knowledge and experience.

When it comes to working on your child custody case, we can explore proven strategies and legal arguments that work to further your goals in court. Our client-focused approach ensures that every decision we make is made with your personal goals in mind. Trust Minyard Morris to guide you through your child custody case with a strategic approach that gets results.

Understanding Child Custody in California

California’s family courts focus on two types of custody. Legal custody is the power held by one or both parents to make decisions for their child’s life. Important matters such as where a child goes to school, and which doctor they see for medical treatments are decided by the parent or parents who have legal custody over a child.

Physical custody orders dictate where the child will live. If a judge awards sole physical custody to a parent, the child lives primarily with that parent. The courts often award joint custody during a divorce, meaning the child has two homes and spends substantial time with both parents, even if it is not equal. A divorce attorney can help navigate these decisions to ensure that both parents’ rights and the child’s well-being are considered. Only in rarer cases where one parent is absent, incarcerated, or deemed to be unfit to parent would the active parent be awarded sole custody over their child.

What to Expect During a Custody Case

The majority of time in a custody case is typically spent negotiating the terms of agreements between both parents. The courts afford ample time for both parents to come up with terms they both agree to before intervention becomes necessary since both parents will ultimately have to abide by the final court order for many years. If both parties cannot agree on child custody matters, mediation offers one way forward.

If the case drags on due to the inability of both parents to come to a consensus, the courts may get involved. A judge will decide remaining custody matters based on the best interest of the child, in accordance with child custody laws. A judge can consider many factors, such as the previous parenting arrangement between both parties and the resources available to either parent. Once a child custody court order is signed, the order is binding and enforceable.

FAQs

Why Do Fathers Lose Custody Cases More Often?

The main factors that lead a parent to lose custody are the quality of their legal representation and how hard they are willing to fight for custody rights. The courts do not consider gender when determining whether one parent is more fit than the other to parent. Gender may have played more of a role decades ago, but many fathers gain 50/50 custody or even primary custody of their children these days.

How Can a Parent Improve Their Chances of Winning Custody in California?

To strengthen a custody case, a parent should demonstrate their ability to provide a stable, supportive environment for their child. Courts consider factors such as the parent’s involvement in daily care, school activities, and medical decisions. Maintaining a positive co-parenting relationship, following court orders, and avoiding conflicts can also help. The strength and experience of your legal representation can also improve the chances of winning custody.

Do Mothers Have More Parental Rights Than Fathers in California?

Mothers do not have more parental rights than fathers in California. The courts do not distinguish between the genders but rather consider what living arrangement serves the interests of the children. If you are a father who has concerns about being given a fair shot in court, the quality of your legal representation can improve the odds that your interests will be considered by the courts.

What Does It Take to Get Full Custody in California?

A custody case can take months or more than a year to resolve. In some cases, one parent may not receive full custody and only be awarded that distinction through a modification. By showing the courts that you are a reliable and loving parent, you can build a case that proves you are deserving of more parenting time with your child. An attorney can also create a strategy that works to further your goals in court.

At What Age Can a Child Choose Which Parent to Live With in California?

If the child is under the age of 18, they do not determine which parent they live with. Children must obey their parents, and the courts often award joint custody. If a child reaches their teenage years, they may be allowed to provide the court with their preference, but a judge ultimately makes the decision on these and other matters until the age of emancipation at 18.

Contact Our Lawyer team to Get Defense Related to Child Custody Cases

A child custody case can have far-reaching implications for you and your child. While a modification for an existing custody arrangement may be a possibility, achieving a favorable outcome the first time is ideal. The client-focused legal team at Minyard Morris can provide you with reliable and strategic legal services that work to further your goals in court.

Whether you are going through a divorce, seeking first-time parental rights as a father, or requesting a modification, we can guide you through the process. When we problem-solve, we do so as an entire team, so our clients benefit from our collective insight and experience. To schedule a consultation for your family law case, contact our office today.

Cypress 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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