Child Custody and Non Parent Custodial Rights

At Law Office of David P Schwarz we are very well qualified and seasoned Child Custody Lawyers. We practice in the Orange County Family Court system. We have litigated numerous Child Custody cases involving nonparents. Please contact our office at 949 735 9266 or via the web. Also we can be contacted at

A child custody lawyer shall protect your interests Under Family Code section 3041. The Family Law Court shall investigate information before granting custody to a person other than the parent.

The Family Law Court court shall make a finding that granting custody to a parent would be detrimental to the child or children. This the is the first of the two step approach the Family Law Court must undergo to properly assess if a party other than the parents shall be awarded custody of the child or children.

Secondly the Family Law Court must determine if granting custody would be in the best interest of the child. This assessment is a standard test the Court will do based on the general best interest standard.

At the Law Office of David P Schwarz we will fight to protect the interest of the minor child. If needed the Court will commonly in child custody proceedings hold In Camera Hearings which means that the public cannot partake in listening to the descision making and questioning that might go on in open Court. This is to protect the minor child. Privacy is of utmost concern to the Family Law Court.

In addition the Orange County Family Law Court will hold private hearings to determine what is detrimental to the child. Again it is the courts interest to make sure that allegations of parental unfitness are private to the public. They become so private that they will not even be part of the court record

The standard the Family Law Court uses to determine the unfitness of the parent and the best interest of the child is clear and convincing burden of proof.

Interesting, a Child Custody attorney will make sure that you are protected from any unnecessary allegation of unfitness or that you fall into the category of the nonparent caretaker who can assume the role of the parent under the Family Law Code.

“detriment to the child” under the Family Law Code 3041 analyzes the harm removal of the child would be from a custodian who is not the parent. Often this might include a Court Custody investigation by mental health professionals who can determine the bond the child or children have with their caretakers.

In Addition, A finding of detriment does not require any finding of unfitness of the parents.

At the Law Office of David P Schwarz we are a very experienced Orange County Child Custody Law firm who is prepared to fight for your rights to gain custody of a child as a nonparent. Or we will diligently defend any nonparent who is attempting to take your child from you. Please contact our law office at 949 735 9266 or via the web. We can also be contacted by email at

Client Reviews
David is an excellent attorney!!!!!!! He gives 100% to his clients. I highly recommend him for your legal needs, in his expertise. He has been most patient, gracious, thorough, and always gets right back to you. Thank you so much for your excellent service!!!!! L.H.
David knocked it out of the park today. He was clear, passionate, articulate, and a good mix of calmness with pissed off. Best I've ever seen him. David - Love ya man. Thanks. C.P.
I have referred several of my friends and relatives who needed representation in family court to David. From prenuptial agreements to divorce to child custody, David is the go-to guy. He is a seasoned attorney who knows what he's doing, and so far, I've only heard good things about him. C.G.