Among the most emotionally charged issues in any divorce is child custody. As a parent, you naturally will be concerned about the future of your children. If you are facing a child custody dispute or have questions about your rights, it is important to seek the help of a skilled Orange County child custody lawyer who can explain your options and protect your interests. With over 20 years of experience, the family law attorneys at the Law Offices of David P. Schwarz are knowledgeable in this area of the law and can handle every aspect of a Southern California custody matter.Determining a Child Custody Arrangement
Parents in California are encouraged to reach an agreement that allows both of them to maintain ongoing and regular contact with their child after a divorce. The two key components of custody are physical and legal custody. Physical custody describes the amount of time that the child spends with each parent. Having joint physical custody does not necessarily mean that the time is divided exactly evenly between the parents. Often, a child will spend somewhat more than half of the time with one parent, who may be known as the primary custodial parent. Even if a parent has sole physical custody of a child, the other parent may be granted visitation time with the child.
Meanwhile, joint legal custody refers to a situation in which both parents share decision-making responsibilities regarding their children’s health, education, and welfare, including issues involving child care, religious activities, travel, and more. By contrast, sole legal custody is when only one parent has the responsibility to make important decisions regarding these areas. Joint legal custody is not dependent on the parents having joint physical custody, and vice versa.
Parents who share legal custody have equal rights to make decisions. This does not mean that the parents must agree on every decision. Instead, either parent may make a decision. However, to avoid conflicts, it is advisable for parents to communicate and make decisions together.
Parents may work together to come up with a mutually agreed-upon custody arrangement. This agreement may be codified in a parenting plan and must be approved by a court to be legally valid. If the parents cannot agree on custody, the matter will go to mediation, and ultimately the court may need to come up with a custody arrangement for them if mediation proves unsuccessful.
When making custody determinations, a judge will use the ‘best interest of the child’ standard. Under California law, courts have broad discretion, and a judge may consider any factor that may be relevant to the health, safety, and welfare of the child, as well as the benefit to the child from retaining frequent and ongoing contact with both parents.Consult an Experienced Child Custody Lawyer in Orange County
Making the decision to seek a divorce is never easy, and it may be even more difficult when children are involved. If you expect to become involved in a custody or visitation dispute, it is important to contact an Orange County child custody attorney as soon as possible. At the Law Offices of David P. Schwarz, we can examine the facts of your case and protect your rights as a parent at every step of the way. We represent residents of Mission Viejo, Laguna Hills, San Clemente, Dana Point, Lake Forest, Huntington Beach, Costa Mesa, Fullerton, Yorba Linda, Orange, Irvine, and Newport Beach, among other cities in Southern California. To set up a free consultation with a divorce attorney, call 949-735-9266 or contact us online.
- Child Custody an International Move Way Considerations
- Child Custody and Ex Parte Orders
- Child Custody and Grandparent Visitation Rights
- Child Custody and Home State Jurisdiction
- Child Custody and Military Temporary Duty, Mobilization and Deployment
- Child Custody and Move Away Issues
- Child Custody and Non Parent Custodial Rights
- Child Custody and Parentage by Estoppel
- Child Custody and the Best Interest Standard of Review
- Child Custody and the Consequences of Drug and Alcohol use of a Parent Under Family Code Section 3041.5
- Child Custody and the Hague Convention Treaty
- Child Custody and the Mediation Process
- Child Custody and the Testimony of a Child Witness Where Child is Asked to Give Their Preference
- Child Custody Emergency Jurisdiction
- Child Custody Evaluation
- Family Relocation
- Fathers' Rights
- Child Custody and the Full Faith and Credit it is Given by Other States Under Federal Law § 1738A.C
- Interstate Child Custody
- Joint and Sole Custody
- Parental Alienation
- Supervised Visitation
- Termination of Parental Rights Through Abandonment of The Children Under Family Code Section 7822
- Child Custody and Criminal Violations of Witholding the Child From the Other Parent Under Penal Code Section § 278.5