Anaheim Child Custody Lawyer

Child custody cases can be emotionally contentious. Both parents may fear losing precious time with their child or children. Having a skilled Anaheim child custody lawyer by your side throughout this process can add a level of security and certainty to what may otherwise be an uncertain situation. Legal representation ensures that your rights are protected, and your interests are considered by the court.

A Law Firm That Values Strategic Planning

At Minyard Morris, our family law team combines strategic planning with a client-focused approach to achieve favorable outcomes in court. Every case we take is handled with careful attention to the unique needs of our clients. This ensures that our clients’ interests remain the priority at every stage of the process.

With a team of 20 dedicated family law attorneys, we bring a wealth of collective experience to each case. Regular strategy meetings allow us to collaborate, analyze complex legal challenges, and develop innovative solutions. This teamwork ensures that every client benefits from our firm’s combined knowledge and insight.

Legal Versus Physical Custody

One important concept that comes up during child custody cases in Anaheim is physical versus legal custody. Legal custody refers to the right to make important decisions on your child’s behalf. These can include decisions related to healthcare, education, and religious training. Many parents ultimately end up with joint legal custody over their child.

Physical custody refers to where the child primarily lives. One parent may be awarded primary physical custody over a child, or the child may end up splitting their time evenly between the homes of both parents. In rare cases involving child abandonment, abuse, or other serious acts, one parent may be awarded sole custody over a child.

What to Expect From Your Child Custody Case

The family courts encourage parents to work together to come to a consensus about what child custody and visitation agreements work for them and the child. Although these negotiations can be difficult, having matters that you can agree on can reduce the time you ultimately spend in family court. In some cases, mediation may be needed to resolve contentious areas of disagreement.

If you and the other parent cannot come to an agreement, a judge will ultimately make that decision based on what evidence the judge has before them and what arrangement they believe serves the best interests of the child.

How an Attorney Can Protect Your Parental Rights

Family law attorneys perform many important duties that can ultimately ensure that you maintain significant time with your children following a divorce. Your lawyer can carefully monitor court filings from opposing counsel to stay ahead of any efforts on their part to influence the outcome of a case in their favor.

If you are accused of child abuse or neglect in Anaheim, your attorney can take swift action to ensure those false allegations do not affect your case. Your lawyer can negotiate with the other side so that the final agreement accounts for the interests of your child and protects your visitation and custody rights.

Child Custody Modifications

There are times when a modification to your custody order is needed and appropriate. Over the years, changes in the living circumstances of one or both parents may necessitate court action to update the custody order.

In some cases, both parents may agree on the terms of the modification. In other cases, one parent’s neglect or failure to exercise their rights may lead the courts to award additional rights to the parent who has been more stable and present in their child’s life. It is important to remember that modifications of child custody orders could have implications for the current child support orders.

FAQs

What Makes a Parent Unfit for Custody in California?

A parent may be found to be unfit for custody if they engage in child abuse, neglect, or abandonment. However, these are only some of the most common reasons a court would find one parent to be unfit. Incarceration and drug use are also grounds for being given this label. Any parent who is found to be unfit could have their visitation rights significantly reduced.

Does It Matter Who Files for Custody First in California?

It generally does not matter who files for custody first in California. The courts ensure that both parties have the opportunity to participate in the child custody process. If you were caught off guard by the other parent’s petition to establish or modify child support, you still have time to retain legal counsel to counter their arguments in court.

How Can a Parent Get Full Custody in California?

A parent can get full custody in California if the other parent is not seeking any meaningful role as a parent. If one parent is found to be a serious danger to their child, the courts may award full custody to the other parent out of safety concerns. In cases where both parents are engaging in the legal process, the courts generally award a custody agreement that protects the parental rights of both parties.

Who Pays Attorney Fees in California Child Custody Cases?

Both parties to a custody case should be willing and able to pay for their own legal counsel. There are situations where one spouse is awarded attorney’s fees based on financial need, but these outcomes are rare and never guaranteed. Unlike the criminal courts, there is no constitutional right to an attorney in family court.

Need Help with Child Custody? Minyard Morris Is Here for You

If you are preparing for a child custody case, don’t approach it unprepared. Failure to secure strong legal representation before a case begins could lead to an unfavorable outcome that adversely affects the time you spend with your children in the years to come.

The legal team at Minyard Morris understands how critical securing a favorable outcome to your family court case is to you, and we take a strategic approach to every case we take on. You’ll also benefit from the collective experience and insight of our 20 career family law attorneys. To schedule your child custody consultation, contact our office today.