Tustin Child Custody Attorney
If you are separating from your spouse, you will need to consider what will happen to your children once the separation takes place. Children are the ones who feel the brunt of a separation or divorce as their lives will be upended, and they will be separated from their mother or father depending on the arrangement agreed upon in the court. Without a strong connection with their parents, their growth will be affected emotionally and mentally.
The courts understand this problem, which is why each child custody case they handle is considered closely for the best interests of the children involved. Should you find yourself wanting to give your children security despite your separation from your spouse, you will need an Tustinchild custody legal team who can help you with child custody proceedings and handle your situation with compassion and care.
Orange County Divorce Lawyer is an Tustin, CA family law firm that’s always ready to help you fight for your child’s rights. We can help you build a child custody and visitation arrangement that will guarantee your child’s safety and well-being. We can handle all the legal processes involved in the child custody proceedings and ensure that your relationship with your child continues even after your separation from their other parent. Rest assured, we will do our best to get you a favorable result and reduce the stress brought by these proceedings.
Call Orange County Divorce Lawyer at (714) 581-9057 for your Free Consultation with an Tustin Child Custody lawyer!
Tustin Child Custody
In California, either parent can get custody of their children or share it with the other parent. It is the judges who can make a final decision about the visitation and custody arrangements. If parents can agree on how the arrangement can be made for their children’s sake, the court will immediately approve of it. But, if the parents cannot agree, they will be asked to meet a mediator from Family Court Services before a judge can make a decision about the child custody and visitation agreement.
There are two types of child custody in California: legal custody and physical custody. Legal custody means that a parent or parents who have custody are the ones who can decide on the child’s schooling, residence, travel arrangements, medical options, and other important choices. Physical custody, meanwhile, means that the child lives with either both parents or with a primary parent with the other parent visiting. The court often rules joint legal custody for most cases, but not joint physical custody.
For sole custody cases, visitation or “Time-share” plans are required by the court to determine how the parents can share time with their children. Visitation orders do vary depending on the child’s best interest, the parents’ situation, and other factors. It is either sorted out based on a schedule, reasonable agreement, supervised visits, or no visitations at all. Supervised visits are often ruled to help the parent and child to become more familiar after not seeing each other for a long time. No visitations, meanwhile, are ruled if the parent – even when supervised – may cause physical or emotional trauma to the child.
Orange County Divorce Lawyer is here to assist you in establishing a working child custody and visitation agreement that will allow both parents to have access to their children after they separate. We will explain how the courts determine who gets custody of the child and how the visitation agreement can be arranged with the other party.
Determining Child Custody
Under California law, judges will give the custody of a child to the parent who can ensure that the “best interest of the child” is met. They will choose a variety of factors to decide which parent gets custody of the child, from the child’s age, health, connection to the child to the parent’s history of violence or substance abuse.
It is important to note that California courts do not automatically give custody to the mother or the father regardless of the child’s age or gender. They will also not deny a parent’s right to custody or visitation even if they are not married to the other parent or if they have a disability, different religious beliefs, or different sexual orientation. A parent who gets the child custody cannot refuse the other parent to see the children even if they are not meeting the support payment deadlines. In turn, the parent providing child support should not stop their responsibilities if the other parent is not allowing you to meet your children.
There is a possibility that the court can give the custody of a child to another person if they see that both parents cannot provide for the child. The person who will be provided the custody will serve as the child’s guardian.
While there are cases when the parents agree on the visitation and custody without involving the courts, court involvement ensures that it is binding, and the other party will be held liable if they do not fulfill their end of the agreement. Orange County Divorce Lawyer can help you get the best custody arrangement for your children and guarantee that it will not affect their upbringing. Our Tustin child custody legal team will also prepare you for the proceedings to help you with legal decisions that you need to take during the negotiations.
Custody Modification & Enforcement
When the courts decide on the child custody and visitation order, the parents may still request modifications to it to match the circumstances of the child and the parents. California courts allow one or both parents to request a change in the custody or visitation order, and it can be done every 2 ½ to 3 years. The court must approve the changes requested by the parents, and they must both go to mediation and court hearings to review the issues that require the child custody or visitation order.
Our Tustin child custody team can help you request changes to the child custody agreement. We will assess the situation and create a new child custody arrangement that will match your current circumstances and the child’s needs.
We will do our best to get the courts to agree to the arrangement and not affect your child’s lifestyle and growth. If there is a need for enforcement, we can request that the court intervene. We are with you every step of the way.
Let’s Talk Now – Free Consultation
As parents, it is important that you protect your child’s legal rights even if you undergo separation or divorce. You should also ensure that they will still have access to each other to help with their growth and development.
Orange County Divorce Lawyer can make sure that a suitable child custody agreement is created and agreed upon by all parties to help with protecting both your child’s legal rights and your relationship with them. We can also step in should there be a need for modifications and enforcement of the child custody agreement. Rest assured we will handle your case carefully and make the process stress-free for everyone.
Call Orange County Divorce Lawyer at (714) 581-9057 for your Free Consultation with an Tustin Child Custody lawyer!
