Mission Viejo Child Custody Attorney
One of the most contested aspects of any divorce case is the custody arrangements for the divorcing couple’s children.
Either parent may argue for physical custody and the right to decide on their children’s future, which can cause further delays in finalizing the divorce and custody arrangements. Courts cannot easily decide on these matters, as they must ensure the children are not put at risk by granting custody to the wrong parent.
The Mission Viejo child custody lawyers of Mission Viejo Family Law can assist you in negotiating a fair and workable custody arrangement for your children. Our lawyers will thoroughly explain the factors that can affect the court-approved custody arrangements, as well as how the proceedings will unfold, so you can make informed decisions as we fight for your child’s and your best interests.
You can also count on us to ensure the final custody arrangement is upheld and does not negatively impact your child’s well-being.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Child Custody Attorney.
Understanding Child Custody in California: A Brief Guide
California’s Family Code is clear about parents’ rights and who should have custody of their children, whether they are unmarried, married, or divorced. If the couple is married, both have equal rights to be involved in decisions regarding their child’s well-being and share joint custody. If the couple is unmarried, they may arrange a custody and visitation agreement on their own, as long as it is in their child’s best interests.
If the parents are divorcing or one parent is convicted of domestic violence, the courts intervene to ensure custody and visitation arrangements are established for the children. Since each case is different, the court follows strict guidelines to determine custody, visitation arrangements, and enforcement. The court may also take custody of children who have been abused or not provided with appropriate health care.
You will be assigned one of our compassionate Mission Viejo child custody lawyers, who will review your case and explain the legal procedures the court follows to determine custody arrangements. We can also negotiate on your behalf and ensure you are informed of the plans before they are finalized, allowing you to request a better arrangement if needed.
Types of Custody in California
In California, the court decides on two types of custody for each case it handles: legal and physical custody. These custody arrangements are adjusted accordingly, depending on the situation of both parents after the divorce.
Physical Custody: This custody determines which parent the child will stay with and who will handle their daily needs. If a parent is given sole custody, the other parent will be granted visitation rights. Meanwhile, joint physical custody means the child will have equal time with both parents based on the schedule provided by the court.
Legal Custody: This custody determines which parent will have the right to decide on their child’s well-being and future. If it is sole legal custody, only one parent has the authority to make decisions about their child’s life without needing the other parent’s consent. Joint legal custody allows both parents to make decisions regarding their child’s future and remain involved in their child’s life.
Mission Viejo Family Law’s experienced child custody lawyers are ready to fight for your rights to have physical and legal custody of your children. If this is not possible due to your current situation, we will also fight for an ideal visitation arrangement that all parties can agree on.
Factors Used in California Child Custody Cases
Should the courts get involved in child custody arrangements, whether at the request of the parents or because an arrangement cannot be made, California’s Family Code is strict regarding the factors they must consider to determine custody and visitation rights.
Factors such as the child’s current needs, the time spent with each parent, the parent’s financial capabilities, and criminal records are included in the court’s determination. If the child is of a certain age, they may be asked about their preference.
Mission Viejo Family Law will take the time to learn about your current situation and determine which factors the court may potentially use during your child custody trial. We can assist you in building a strong argument to secure custody in your favor based on the factors included in the court’s assessment. You can also trust us to help you collect the right evidence to demonstrate the other parent’s incapacity to hold custody.
Enforcing Child Custody Orders in Mission Viejo, California
In certain cases where one parent does not abide by the custody order, the law allows the other parent to seek the court’s intervention to enforce the order. The affected party can file a contempt of court against the other parent and present their evidence to get the process started. The court will review the evidence provided, and if the other parent is found guilty of the act, they may face several penalties, including a revocation of their original custody and visitation rights. The custody order may also be modified depending on the severity of the violation committed.
If you believe that your child’s other parent has violated their part of the custody order, you can trust Mission Viejo Family Law to act immediately to get the court involved. We can also assist parents who did not intend to violate the custody arrangement but have a valid reason for doing so.
Modifying Child Custody Orders in Mission Viejo, California
You can also ask our Mission Viejo child custody lawyers to assist you in requesting a modification of your child custody order. This is not an unusual occurrence because, as your child gets older and each parent’s situation changes, the original arrangements may no longer be viable. The courts will still consider the child’s best interests in these modification requests before they are approved.
Your assigned child custody lawyer will ensure that you can file a motion to get the child custody order adjusted and represent you during the negotiations. We can also inform the other parent if you are seeking the modification due to relocation so that you can both agree on a new child custody and visitation agreement. If you are the other parent affected by the modification, we can counter it for you and persuade the court to reconsider.
For more information on child support in California click here.
Domestic Violence and Its Impact on Child Custody
If a child’s parent is accused or convicted of committing domestic violence, the Family Code will presume that it is not in the child’s best interests to be placed in the custody of that parent. If the parent wishes to be considered for custody arrangements, they must pass strict criteria to prove that they have complied with the penalties and stipulations ordered by the court for their domestic violence charges.
Whether or not domestic violence has been committed, the court will take its time to determine whether the child will be safe and provided for under whichever parent gains custody. Our Mission Viejo child custody lawyers can look into the issue and request temporary custody while the court hears the domestic violence case. We can also represent you if you are accused of committing domestic violence and fight for your innocence.
Free Consultation Today
Divorce doesn’t have to mean that your child will lose access to their other parent once it is completed. With a fair custody and visitation agreement, your child will be able to thrive in their new environment and still have both of their parents involved in their upbringing.
Reach out to our Mission Viejo, CA family law firm to find out how our child custody lawyers can help you with these arrangements and ensure that all parties abide by the arrangement for your child’s well-being.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Child Custody Attorney.