Orange County Child Custody Lawyer

Your relationship with your children is one of the most important things in your life and undoubtedly of chief concern during your Orange County divorce. You need an experienced child custody attorney who will find practical solutions to the child custody issues that arise during your case. Your custody attorney should also educate you so that you may make informed decisions that help you achieve your custody goals and objectives.

At Minyard Morris our team of 20 experienced Orange County divorce attorneys understands how to tailor a child custody solution to your situation and negotiate a parenting plan that will work best for you and your children. We recognize that there are many aspects to consider, the fundamental element being, what is in the best interest of your child or children.

Two Types Of Child Custody

There are two basic types of child custody orders: legal custody and physical custody. Legal child custody allows the parent the right and responsibility to make decisions regarding the child’s health, education and welfare. If parents are unable to agree on these issues, the court may award one parent legal custody in a single area such as education or health. Physical custody pertains to time sharing and where the child lives. Many Orange County family law judges start from the position that a shared 50/50 child custody arrangement is in a child’s best interest.

What To Expect From The Orange County Custody Court

Divorcing parents often disagree on child custody issues. When this occurs, the Orange County family law court creates an order regarding both physical custody and legal custody.

The judge’s focus will always be what he or she perceives to be in the best interest of the child. Although somewhat subjective, California law does provide a list of factors for the judge to consider that includes:

Each party’s parenting skills and ability to co-parent
The child’s age and needs, including ties to school and the community
Any history of substance abuse or domestic violence by either party
The child’s preference, if mature and old enough for consideration

The judge will also determine child support if the parties cannot agree on this issue.

Effective Lawyering In Child Custody Matters

Properly handling child custody disputes requires a child custody attorney with many different and distinct lawyering skills. Because continued conflict is not good for adults or children, a settlement is most often the best way to resolve child custody issues. Parties should only opt to fight child custody if they believe that there is no realistic alternative. Our Orange County divorce attorneys understand this fact and follow this philosophy.

The 20 divorce attorneys at Minyard Morris have over 350 years of combined Orange County legal experience. Few, if any, Orange County child custody law firms offer this extensive level of legal knowledge and experience. Our distinguished divorce attorneys also assist clients with modifications of child custody orders and representation in paternity actions for parents who were never married.

How Does Legal Custody Differ From Physical 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.

Physical And Legal Custody

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 child custody addresses where a child resides.

Parties may have joint or sole legal child custody and physical child custody.

Can Child Custody Orders be Changed?

Because life changes are unpredictable, child custody orders are always modifiable. The parties cannot validly contract with each other that they will not seek to modify or change the child custody arrangement in the future. The divorce court always retains jurisdiction to change child custody orders. The team at Minyard Morris has decades of experience assisting parents with post-divorce custody modification issues.

Generally, the divorce court will only modify “final” child custody orders if there is a showing of a substantial change in circumstances between the date of the existing order and the hearing. If the order is not final, the divorce court may base its decision relative to a modification on the best interests of the child. Additionally, the parties cannot bind the family law court to follow a specific standard of review at future child custody hearings.

Examples Of A Change Of Circumstances

Examples of circumstances that may warrant a modification of child custody order may include the following:

Child’s preference and age
Parent’s work schedule
Move away (relocation)
Poor parenting/negligence
Child abuse
False allegations of abuse
Allegations of domestic violence
Interference with parent/child relationship (alienation)
School-related issues

When One Parent Decides to Change Residences

If one parent makes the decision to move and change the residence of the child, a modification to any existing child custody orders will be necessary. A divorce court must make an order that the child will live primarily with the moving parent or primarily with the non-moving parent. Generally, there is a high burden on a parent with a low percentage time share who is attempting to modify child custody orders and relocate with the child to a new geographic area.

Whether you are seeking a modification or attempting to prevent one, Minyard Morris will help you strategically analyze the best legal course of action for you. Schedule an appointment by calling our office in Newport Beach at 949-724-1111 or contacting us online.

Benefits of Creating Your Own Child Custody Agreements

For many divorcing parents, no part of their final judgment is more important than the child custody agreement. Nearly every parent wants the agreement to reflect their own wishes regarding child custody matters. Many people find that creating their own child custody agreement allows them more control over the final outcome, while also tailoring the plan to fit the specific needs of their family.

The 20 divorce attorneys at Minyard Morris can help you create a child custody plan that not only addresses your family’s unique situation but also meets the family law court’s criteria for approval. We have been assisting families with child custody issues for over 45 years, and our attorneys have practiced exclusively in Orange County for that period. We are familiar with the philosophies of our local family law judges and understand the most likely result of a child custody trial. Our team understands the types of arrangements likely to succeed or fail if the issue is litigated and excels at finding creative solutions to difficult problems.

Streamlined Process

If you and your former spouse reach a child custody agreement early in the process, the judge will not require you to attend court-mandated child custody mediation. The judge will sign most child custody stipulations and will not question either of your decisions relative to these matters except on rare occasions.

If you cannot agree, however, the judge will require court-mandated child custody mediation. The process is confidential. The results of the mediation are only reported to the judge when and if you and your spouse reach an agreement. If mediation does not produce an agreement, your attorney will still attempt to negotiate a resolution.

Gaining the Court’s Approval

Although the judge will give great deference to an agreement created by the parties, the arrangement still must meet certain conditions. For example, the court will not honor an agreement between the parties that designates the plan as non-modifiable. The divorce court always retains the ability to make future orders that modify the terms of any child custody order.

When the divorce court must make orders relative to child custody, it will make the determination based on the best interests of the child, while still addressing the practical needs of you and your children.

Modifying an Existing Child Custody Order

Life changes are inevitable. For that reason, all child custody orders are subject to modification. When one parent requests a modification, they must generally show that a “substantial change of circumstances” has occurred. When your carefully tailored child custody agreement faces this type of change, we are here to facilitate a new arrangement that will protect your time with your children.

Take Charge Of Your Child Custody Arrangement

At Minyard Morris , we are committed to providing the sound counsel needed to ensure that your children are the top priority. Call 949-724-1111 or contact us via email to find out how we can assist you in creating the child custody agreement that will work best for you and your children.

Is Domestic Violence Considered by Orange County Family Law Courts When Making Child Custody Orders?

Documented domestic violence may have a significant impact on a divorce court’s child custody orders.

Reach Out To The Firm That Puts The Child First

At Minyard Morris, we know that the best solutions to child custody issues are child-centric. This means we work with parents who are committed to the health and well-being of their children in child custody cases. Call 949-724-1111 or reach us online to find out more about our services.

Orange County 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?

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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