Award-Winning Fountain Valley Divorce Attorneys

When people get married, they intend for their union to last. Marital strife, however, affects many couples and can arise for numerous reasons. While some couples weather marital storms, others choose to part ways.

The award-winning Orange County divorce lawyers at Minyard Morris are prepared to assist you if your marriage is coming to an end. Our team of 20 attorneys has over 350 years of collective experience and is dedicated to collaborating with each other to find solutions for family law clients. We understand how hard divorce is, and we are ready to provide you with compassionate, transparent and tireless advocacy during yours.

How Does The Divorce Process Work in Orange County?

In Orange County and throughout California, divorce is a four-part process. The different parts include:

1. Filing for divorce: One spouse will file for divorce and the other will respond to their petition.
2. Discovery: Spouses will share their financial information with each other and, with an attorney’s help, file subpoenas if necessary to request any missing details.
3. Negotiations or court hearings: Couples can choose to go through mediation, where they will work out the issues of their divorce together. Or, if they cannot cooperate (or the divorce is a high-stakes event), they will resolve their issues through litigation.
4. Completing the divorce: Couples will finalize their divorce in court once they have reached consensus (or a judge has made decisions) on all issues.

At Minyard Morris, we are committed to guiding you through the divorce process from beginning to end.

Why Should You Choose Minyard Morris?

Minyard Morris is known as the law firm that lawyers choose to represent them. Since our legal peers trust us to handle their divorce and family law issues, you can rest assured you will be in good hands with our team.

We have also received numerous awards and honors from major publications. Our attorneys have been recognized by Best Lawyers, Super Lawyers and Lawdragon for the caliber of their work.

Furthermore, we stay true to our values and take a unique team approach to every client’s case. We are dedicated to giving you our undivided attention, providing you with honest legal guidance and handling your affairs with integrity. We will also address your case in our group conferences (which happen three times each week), where all of our lawyers come together and collaborate on case strategies. When you work with one of our lawyers, you get the support of our whole team.

How Can Minyard Morris Help With Your Divorce?

Our firm is capable of handling all aspects of divorce cases, including:

• Business concerns: We help Orange County business owners value their enterprises properly and retain ownership of them.
• Child custody and parenting plans: We assist clients in working out parenting arrangements that work for everyone.
• Child support: We prepare parents for their child support obligation and help them understand what their kids need to thrive.
• High net worth issues: We assist high-asset individuals with the unique challenges they face during divorce proceedings.
• Mediation: We support people seeking a more amicable way to end their marriage.
• Property division: We strive to protect the property of our clients and ensure that property settlements are as fair as possible.
• Spousal support: Spousal support plays a part in some – though not all – Orange County divorces. We partner with clients to determine whether it will be a factor in theirs.

What is Physical Custody?

Defining Physical Custody

Physical custody refers to the arrangement determining where a child resides and how the child’s time is split between parents. When both parents have joint physical custody, the child usually divides time relatively equally between each household, often around a 50/50 split. If one parent has significantly less time with the child, their time is generally termed “visitation,” specifying days or hours for the child to be with that parent.

The goal of physical custody is to provide a stable and supportive environment for the child while fostering meaningful relationships with both parents. Physical custody arrangements can be tailored to the child’s needs and the parents’ schedules, potentially including alternating weeks, splitting weeks, or setting specific holiday and weekend arrangements. Courts focus on establishing a setup that supports the child’s emotional well-being and development.

What Does Legal Custody Cover?

Understanding Legal Custody

Legal custody is the right to make major decisions regarding the child’s health, education, and general welfare. Courts commonly favor granting joint legal custody so that both parents can contribute to critical choices affecting their child’s future. Joint legal custody encourages cooperative parenting, keeping both parents involved in decisions that shape the child’s life.

However, in situations where parents are unable to make decisions together or consistently cooperate, the court may assign sole legal custody to one parent. This arrangement gives that parent full authority to make essential decisions without needing the other parent’s agreement. Courts generally reserve sole legal custody for cases where one parent’s involvement may disrupt the child’s stability or when ongoing disputes delay necessary decisions.

Legal custody covers important areas such as selecting schools, planning healthcare, choosing religious practices, and determining extracurricular involvement. While courts strive to maintain both parents’ involvement, they recognize that certain situations require a clear, single decision-maker to best serve the child’s needs.

Can Parents Set Up a Non-Modifiable Custody Arrangement?

Fixed Custody Agreements

Parents may sometimes want to create a custody arrangement that they believe cannot be altered. However, family courts always retain the power to modify any custody agreement, as the child’s best interests take priority. Even if parents agree to a “fixed” arrangement, it cannot be enforced as unchangeable because circumstances may arise that require the arrangement to be revisited.

Courts view custody and support agreements as flexible since children’s needs and family dynamics can shift over time. Modifications may occur if there are changes in a parent’s situation, the child’s needs evolve, or if an external factor, such as a move or a job change, affects the current arrangement. While the court respects parents’ efforts to establish stability, it also prioritizes adaptability to address changes that could impact the child’s well-being.

How Can Cooperation with My Co-Parent Benefit My Custody Case?

The Impact of Cooperation on Custody Outcomes

In custody proceedings, courts often assess each parent’s ability to foster a positive co-parenting environment. Demonstrating flexibility, open communication, and respect toward the other parent is seen favorably. Courts generally support the parent who encourages a strong relationship between the child and the other parent, as this reflects a willingness to put the child’s needs above personal conflicts.

Actions that impede co-parenting—such as refusing visitation, failing to communicate, or undermining the other parent’s authority—can negatively affect a parent’s standing in court. The family court values parents who can work together and put aside personal grievances, recognizing that cooperative behavior reduces stress for the child and promotes a stable, nurturing environment. When parents demonstrate respect and show that they prioritize their child’s well-being, they make a positive impression in custody cases.

How Difficult is it to Change a Custody Order?

Modifying Custody Arrangements

Changing a custody order can be challenging because the court typically requires a substantial change in circumstances before revisiting the arrangement. This “change in circumstances” standard is intended to prevent minor issues from causing disruptions that could destabilize the child’s life. Courts generally need evidence that a significant shift has occurred, affecting the child’s well-being, before they consider modifying an existing order.

Typical reasons for requesting a modification may include changes in the child’s needs, such as health or educational requirements, or shifts in a parent’s circumstances, like relocation or new work commitments. Seeking advice from a knowledgeable family lawyer can help clarify if the situation qualifies as a substantial change. Filing without strong evidence can result in court rejection and could even require the requesting parent to cover the other parent’s legal costs if the modification request is seen as unwarranted.

Can I File a New Request if My Custody Modification Was Denied?

Reapplying for Custody Changes

A parent can file another request for custody modification if there are new, significant changes in circumstances. However, reapplying without providing fresh evidence or relevant updates may be seen as an attempt to re-litigate settled issues, which courts typically discourage. Before re-submitting a request, parents should ensure they have clear, substantiated reasons for why a modification is now in the child’s best interest.

Presenting strong evidence of changed circumstances—such as relocation, new health information, or changes in the child’s school needs—will strengthen the case. Filing a new request without substantial reasons can lead to penalties, including covering the other parent’s legal fees if the court deems the filing excessive. Courts are focused on maintaining consistency and stability, and repeated requests without a solid basis may impact the court’s view of the filing parent.

Can Courts Adjust Parenting Time Without Major Changes?

Adjustments to Parenting Schedules

Although major custody modifications usually require significant changes, the court can adjust parenting schedules with more flexibility. For instance, if a 50/50-time split is no longer practical, the court might shift to a different schedule without requiring a major change in circumstances. This approach allows courts to fine-tune arrangements to better fit the child’s evolving needs.

The court still considers the child’s best interests when making even small adjustments, examining how changes might impact the child’s routines, school activities, and overall well-being. For example, adjustments may be necessary if the current schedule disrupts the child’s schooling or if it interferes with essential activities. The court can make these minor changes to support the child without requiring proof of significant shifts in the parents’ circumstances.

When Would the Court Order Supervised Visitation?

Understanding Supervised Visits

When concerns arise about a child’s safety or well-being, the court may order supervised visitation, where a trusted adult, such as a family member, friend, or trained professional, monitors the visit. Professional supervisors are often required to undergo background checks and specific training. Supervised visitation is usually a temporary measure that remains in place until the court feels assured that unsupervised visits would not compromise the child’s safety.

The court will determine who is responsible for any fees associated with professional supervision, especially if a qualified friend or family member is not available to act as a monitor. Supervised visitation allows the child to maintain a relationship with both parents while ensuring their safety in a controlled setting.

Is a 50/50 Custody Split Standard Practice?

Equal Custody and Court Considerations

Courts often consider a 50/50 custody arrangement as an ideal starting point, as research shows that children benefit from spending substantial time with both parents. However, equal custody time is not guaranteed; the court will adjust the arrangement based on what is in the child’s best interest. Safety concerns, work schedules, or logistical issues may make a 50/50 split impractical or undesirable.

For instance, if one parent’s work hours prevent them from spending consistent time with the child or if concerns about the living environment arise, the court may assign an alternate arrangement. While courts prioritize the child’s relationship with both parents, they will structure custody based on what best meets the child’s needs and promotes a supportive atmosphere.

Are Parents Expected to Be Perfect?

Realistic Expectations in Custody Cases

Courts recognize that no parent is without flaws. Still, they expect parents involved in custody disputes to act responsibly and keep the child’s well-being at the forefront. Reckless or irresponsible behavior, especially if highlighted by the other parent, can harm one’s standing in a custody case. Demonstrating maturity, respect for the other parent, and commitment to the child’s needs are highly valued.

Parents who focus on providing a stable environment, avoid unnecessary conflict, and exhibit patience and maturity tend to leave a positive impression on the court. While perfect parenting isn’t a requirement, showing a commitment to consistency and child-centered decisions can strengthen a parent’s case.

How Can Social Media Affect My Custody Case?

Social Media Use and Custody

Social media activity can be scrutinized in custody cases, as even seemingly innocent posts may be misinterpreted and used against a parent. Content that might imply poor judgment could negatively influence the court’s perception, so it is often best to minimize or avoid posting on social media during custody proceedings. Even routine posts could be taken out of context, so reducing online activity can prevent potential misunderstandings.

Deleting social media content once a custody case is underway might be seen as evidence tampering, so simply reducing new posts and avoiding potentially controversial content is generally the safest approach.

How Can I Get Court Approval to Move with My Child?

Relocation Requests and Custody

If a parent wishes to relocate with their child, they usually need court approval, particularly if the move impacts the other parent’s access. Moving without consent can result in legal repercussions, as the court carefully examines how the relocation affects the child’s relationship with each parent. Winning a relocation request at the trial level is crucial, as custody-related appeals are rarely successful.

Courts consider multiple factors, such as the reason for the move, its impact on the child’s education, and how it will affect the child’s relationship with both parents.

Make An Appointment With A Fountain Valley Divorce Lawyer

If you are an Orange County resident considering or preparing for divorce, get a head start by booking a confidential consultation with one of our award-winning lawyers. We are eager to guide you through the divorce process and help you take steps to start afresh. Making an appointment is as simple as emailing us or calling 949-724-1111.

Fountain Valley Family Law Practice Areas:

• Divorce
• Mediation