Mission Viejo Child Custody Lawyer

Mission Viejo Child Custody Attorney

Since its establishment in 1977, our family law practice has exclusively focused on addressing the family law needs of Orange County, expanding our reach to the residents of Mission Viejo since 1988. Renowned for our dedication to excellence and compassionate advocacy, we have cemented our status as the premier choice for family law services in Orange County. Our firm is powered by a robust team of 20 expert family law attorneys, collectively harnessing over 350 years of specialized legal experience to advocate for our clients in Mission Viejo effectively.

Our enduring commitment to our clients has earned us an unrivaled reputation among peers, judicial officers, and the community, making us a beacon of reliability and success in legal circles.

Strategic Collaborative Meetings at Minyard Morris

Minyard Morris has long upheld a tradition of conducting strategic collaborative meetings where its attorneys, who collectively possess nearly three centuries of experience, come together to deeply analyze and creatively strategize on client’s cases. Held thrice a week—Monday evenings, and midday on Tuesdays and Thursdays—these sessions are compulsory for the team and focus on a wide array of topics relevant to ongoing cases.

The attorneys at these gatherings discuss strategies against specific opposing counsel, unique judicial issues, new legal updates, insights from recent seminars, past similar case experiences, settlement possibilities, evidentiary challenges, trial tactics, the potential outcomes of the cases, and much more.

This practice is well regarded within the family law community, sparking interest and admiration from peers and judicial figures alike. Minyard Morris’s reputation for these detailed, collaborative discussions is a key factor in attracting top legal talent, enhancing the firm’s robust team-oriented approach. The firm leverages its size and collective expertise effectively through these discussions, making it a unique place to practice family law.

From a client’s perspective, the value of such detailed and collaborative preparation can vary significantly from case to case, and while it’s challenging to quantify, the benefit is undeniable. Consider the advantage of being represented by a team of 20 specialized attorneys versus a smaller firm’s limited counsel. Regularly, these meetings produce actionable insights that streamline legal research and refine case strategies, significantly benefiting client outcomes.

For example, it’s common in these meetings for one of the 20 attorneys to recall pertinent appellate cases or legal precedents that directly relate to an ongoing case, thus saving valuable research time. Additionally, these sessions serve as a real-time forum for lawyers seeking a ‘reality check’ or collective input on various dispute aspects, strategic decisions about expert witnesses, and innovative settlement structures.

Despite the significant internal cost of these meetings—never billed to clients—the firm views them as a crucial investment. The commitment to such frequent and intensive collaboration sets Minyard Morris apart in the field of family law, highlighting its dedication to superior client service and successful outcomes. This unique approach is a clear testament to the firm’s leadership in the industry and its commitment to providing exceptional legal representation.

Choosing the Right Family Law Attorney

Selecting a family law attorney is a decision that holds considerable weight in shaping your future. We encourage you not to simply accept a referral to a family law attorney to represent you in your child custody matter without conducting your own thorough research. Compare our credentials and client testimonials with others. Understand that the best attorney for you is one that aligns with your case needs and personal objectives.

If results matter, you owe it to your family and yourself to do your due diligence and make certain that you hire the “right” child custody lawyer. Everyone has a story to tell. It matters who tells your story.

When you select a family law attorney you are also hiring the person who you should be able to see as your trusted advisor during this challenging event.

Our Commitment to Our Mission Viejo Clients

Navigating child custody matters is undeniably challenging and emotionally taxing. Our primary goal is to transition you from being a client to a former client. We are dedicated to delivering the highest quality of legal representation and personalized care. Each client’s child custody situation is unique, and we tailor our strategies to align with the specific needs of your case with a sense of urgency.

Our Child Custody Practice

We prioritize your concerns about your children, striving to secure custody and visitation arrangements that reflect the best interests of your children and align with your goals and objectives.

Child custody matters are second to none in priority for our Mission Viejo clients. Few, if any areas of litigation, rise to the level of emotion or importance as do child custody matters. The lawyer you retain should make your matter a priority or you have hired the wrong lawyer.

You can make a huge difference in the outcome of the case by being a responsive and detailed partner by accurately relating to your lawyer all the facts. If you don’t tell your lawyer all the facts, they won’t know them. Not telling your lawyer a bad fact, does not make it disappear. Share with your lawyer the good, the bad and the ugly so they can be prepared to address all issues in your child custody matter.

Judges are inclined to make 50/50 child custody orders, but that is not to say that all cases end up with equal time sharing. To obtain a child custody order with more than a 50% timeshare, the court must have facts to justify deviating from the equal sharing mandate.

This means that the court has to have the facts that make it clear that a 5050 order would not be in a child’s best interests. This evidence can take the form of many different scenarios. Often this evidence relates to issues like poor parenting practices, poor judgment, irresponsibility, conduct where a child’s safety at risk, and/or alienating or gate keeping conduct.

Judges look to make orders that allow children to benefit from the positive attributes of both parents. Courts believe that children need to spend considerable time with both parents and experience the love and affection of each parent. However, if one parent’s conduct is significantly detrimental to the child, that conduct may offset the court’s plan to make an equal time-sharing order. Your child custody story has to be told and it matters who tells your story to the judge.

Why Choose Us?

Experience and Expertise: With an extensive track record of handling thousands of child custody cases in the last 48 years, our family law attorneys bring profound expertise and dedication to each case.
Reputation and Respect: Our firm’s integrity and commitment to excellence has earned us immense respect in the legal community and among our clients in Mission Viejo.
Personalized Attention: We provide compassionate and individualized attention, ensuring you are supported and informed every step of the way.
Community Focus: Deeply embedded in Orange County and limiting our practice to family law matters filed in Orange County, we are intimately familiar with the Orange County courts, local rules and local practices.

Contact Our Mission Viejo Child Custody Attorneys

If you’re facing a family law challenge, you don’t have to face it alone. Let our trusted team of child custody advocates guide you with professionalism and care. Choose the child custody law firm that Mission Viejo Trusts – Minyard Morris.

Call us today at 949-724-1111 or send us an email to schedule your initial consultation and begin your journey to resolution with confidence and peace of mind.

Mission Viejo Family Law Practice Areas:

Mission Viejo 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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