Child Custody Attorneys in Orange County
Few aspects of family law are as emotional as child custody. Losing time with their child is many parents’ greatest fear when they go through a divorce, which is why custody battles can drag on for so long.
However, when both parents consider what is best for the child and put their own personal wishes aside, they can often come to a fair compromise.
If you’re preparing for a custody dispute and you want to protect your parenting time, don’t wait any longer to talk to a child custody lawyer in Orange County. Use our list of attorneys below to find the right one for you. A lawyer can help you negotiate a custody agreement with your ex, as well as modify an existing agreement.
Orange County Child Custody Lawyers:
790 The City Drive South, Suite 435 Orange, CA 92868
Helpful Information About Choosing an Orange County Child Custody Lawyer
- You can research the Bar license status, suspensions or reprimands of an attorney at the California Bar Association website.
- The California Bar Association offers a “Specialist” certification for family attorneys, if they choose to pursue it. Not every one who is facing a child custody dispute needs a California Bar Certified Family Law Specialist, but some people prefer a lawyer who is specialized in this area of law. Certified family law specialists tend to require a higher retainer than non-specialist lawyers due to their expertise and specialized training.
- Child custody lawyers typically require an initial retainer of $2,500 – $5,000 or more depending on the complexities of your circumstances and the experience of the attorney.
Child Custody Modifications
In California, changing an existing child custody order requires demonstrating a legally sufficient reason for modification and, in most cases, showing that the change is in the best interests of the child. If a final custody order is already in place, the requesting parent must generally establish a “significant change in circumstances,” such as a substantial shift in a parent’s living situation, evidence affecting the child’s safety or well-being, or a material change in the child’s needs.
California courts prioritize stability for children, so minor or anticipated changes are usually insufficient. The parent seeking modification must file a formal request with the court, provide supporting evidence, and, unless an exception applies, participate in court-ordered mediation. Ultimately, the court will evaluate factors such as the child’s health, safety, welfare, and any history of abuse before deciding whether a custody modification is warranted.
The Best Interest of the Child
While the court does consider each parent’s right to spend meaningful time with their child, the court’s primary focus is the best interest of the child. This may mean that one parent doesn’t get as much parenting time as they wish, or even that both parents are unhappy with the court-ordered schedule. Factors involved in the child’s best interest include:
- The child’s age and their developmental needs
- The child’s health and each parent’s ability to care for their health
- How strong of a bond the child has with each parent
- Whether or not each parent can maintain the child’s bond with the other parent
- Any history of abuse or substance abuse
- Connections between the child and their school, community, extended family, and friends
Legal and Physical Custody
The state of California recognizes two different types of custody: legal and physical custody. Both can be negotiated by parents or decided by a judge.
Legal custody refers to a parent’s right to be involved in decisions regarding a child’s healthcare, education, religion, and other important choices. In many situations, joint legal custody is the go-to solution. Even if the child lives with one parent and only sees the other periodically, legal custody ensures that both parents have a role in their child’s upbringing.
Physical custody is where the child lives and how their time is split between parents. Joint and sole physical custody are viable options. Joint custody means that both parents get a substantial amount of parenting time each week. The schedule should be roughly equal. The other main option is sole physical custody. In this type of situation, where the child lives with one parent the majority of the time. The other parent may have visitation or they may have supervised visitation with the child, depending on the specific details of the situation.
Where Do Our Listed Attorneys Serve?
The child custody attorneys listed on this page serve clients in Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Orange, Fullerton, Costa Mesa, Mission Viejo, Lake Forest, Newport Beach, Buena Park, Tustin, Yorba Linda, Laguna Niguel, San Clemente, La Habra, Aliso Viejo, Rancho Santa Margarita, Brea, Ladera Ranch and all courts throughout Orange County and Southern California. If you feel like you’re going through the wringer with a child custody matter and need to talk to a lawyer to get your questions answered, call an attorney listed here today.
A Child’s Preferences With Parents
One question that often comes up in child custody cases is, “Can my child decide who they want to live with?” Under California Family Code 3042, the court will allow a child 14 years or older to address the court and talk about custody matters. The court may also do so for a younger child if they determine that the child is of sufficient maturity to do so.
There is a lot that is taken into account in child custody cases, and it’s crucial to advocate for yourself with an attorney. With our list of verified Orange County child custody attorneys, you can find the right lawyer for your case.
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Contact Details
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(949) 518-0204
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