Placentia Child Custody Lawyer

Placentia Child Custody Attorney

Your relationship with your children is understandably your top concern during a divorce or custody battle. If you have concerns about your ability to spend time with your child at Tri-City Park or Kraemer Memorial Park, having legal representation from a skilled Placentia child custody lawyer can ensure that your rights are protected and that the courts consider your side of the story and the emotional and material support you’ve given your child or children.

A Firm Dedicated to Strategic Representation and Exceptional Service

When you secure representation from Minyard Morris, you gain access to the collective knowledge and experience of 20 career lawyers who limit their practice to family law. Our entire team of family law attorneys allocates time three times a week to engage in in-depth collaborative conferences where we troubleshoot problems and generate novel strategies for our clients.

We do this because no single lawyer has all the answers all the time. Our team has experienced divorce lawyers with over 350 years of combined experience to help our clients. By working together, we provide strong legal support to achieve the best results in child custody and divorce cases.

Understanding Child Custody in Placentia

Child custody cases in Placentia are handled at the Lamoreaux Justice Center, which is located by the Outlets at Orange and the Santa Ana courthouse. Parents may end up in a child custody case because they are going through a divorce or because they were never married, and one parent initiates a child custody case after paternity has been established.

The court’s primary concern is the child’s best interests. Judges consider a wide range of factors when setting child custody, including each parent’s ability to provide a stable home, their past involvement in the child’s life, and other factors. As part of this, the court will set child custody and visitation orders to make sure both parents understand their rights and responsibilities.

You may hear about legal custody and physical custody. Legal custody determines the parents’ rights to make important decisions on behalf of their child, while physical custody refers to where the child lives and who has visitation time. Both forms of child custody can be held jointly by both parents or solely by one parent.

How to Prepare for a Child Custody Case

Preparing for your child custody case can strengthen your position. One important topic to explore is your goal and what you’d like the outcome of your case to be. It is important to be realistic about your expectations. Understanding child custody laws can help you set clear and achievable goals for your case.

Even if you do not get along with your soon-to-be ex, the courts prefer co-parenting and often award some type of joint child custody arrangement as long as neither parent poses a threat to their child.

You may end up exchanging your child at a predetermined area for visitation. In high conflict cases, parents often meet at neutral locations such as the Placentia Library District or Tri-City Park. Doing child exchanges at a neutral location can protect you from false allegations if the other parent is bent on hurting your reputation.

Make sure to avoid exchange points near high-traffic areas like Orange Freeway (CA-57) exits or busy intersections like Yorba Linda Boulevard and Kraemer Boulevard. Work with your family law attorney to document your history with your child.

The courts like to see that both parents can provide stable home environments for kids. By gathering evidence that shows you have consistently been a present and supportive parent, you can improve the chances that the courts understand your dedication to parenting your child.

The Critical Role of Legal Representation for Protecting Your Rights

The outcome of a child custody case can affect your relationship with your child for many years to come. By taking the time to find a strong and experienced attorney, you can improve your odds of securing a favorable outcome for your case. A family law attorney can be an invaluable partner who fights to protect your rights and works to resolve disputes. If you are falsely accused of being an unfit parent, your family law attorney can use evidence to refute those accusations in court.

FAQs

How Much Does a Child Custody Lawyer Cost in Orange County?

The cost of a child custody attorney in Orange County varies based on the complexity of the case, the attorney’s experience, and whether the matter is contested. High-conflict cases often require more time and strategic litigation, increasing costs. While legal fees are an investment, working with a skilled family law attorney can help protect your parental rights and position you for a favorable child custody arrangement.

Do I Need a Lawyer for Child Custody in California?

While California law does not require you to have a family law attorney in a child custody case, representation can be critical when facing a contested dispute or dealing with a co-parent unwilling to cooperate. The court prioritizes the child’s best interests, but without a strong legal strategy, you risk an outcome that does not reflect your role as a parent.

What Are the Chances of a Father Getting 50/50 Child Custody in Orange County?

California law does not favor one parent over the other based on gender, but securing a 50/50 custody arrangement depends on multiple factors. Courts consider each parent’s involvement, the child’s needs, and whether equal parenting time serves the child’s best interests. If the other parent challenges shared child custody, you will need a well-prepared legal argument to establish why equal parenting time is appropriate.

What Do Judges Look for in Child Custody Cases in California?

Judges evaluate child custody cases based on what serves the child’s best interests. Key factors include each parent’s ability to provide stability, their involvement in the child’s life, any history of substance abuse or domestic violence, and the child’s relationship with each parent. A strategic legal approach can help demonstrate why your role as a parent supports the child’s well-being.

Schedule Your Child Custody Consultation Today

At Minyard Morris, we’re here to fight for you and your future. We prioritize our client’s goals and work as a team to problem-solve any issues that might arise in their cases. Our team of 20 career family law attorneys develop tailored strategies designed to secure favorable outcomes. We boast over 350 years of combined legal experience. We limit our practice exclusively on family court matters filed in Orange County, so we are well-versed in the state’s laws and the local rules in Orange County and how to win cases for our child custody clients. Contact our office today to schedule your consultation.

Placentia 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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