Aliso Viejo Child Custody Lawyer

Your bond with your child is incredibly important to you and sits at the forefront of your mind as you begin a child custody case in Aliso Viejo. When child custody issues arise, you can rely on the legal services of an Aliso Viejo child custody lawyer who can address these issues and more. A skilled Aliso Viejo child custody lawyer will guide you through the legal process, keeping you informed and helping you make confident decisions for your family’s future.

Strategic Planning and Exceptional Client Service

At Minyard Morris, our team of family law attorneys understands that success in family court requires a combination of strategic thinking and a client-focused approach. We keep the interests of our clients at the heart of every decision we make. When you partner with our firm, you can access the combined knowledge and experience of 20 dedicated family law attorneys.

We have regular strategy meetings where our entire team of family law attorneys meet together to collectively problem-solve and strategize novel solutions to new and complex problems. Our clients benefit from these joint sessions, and their cases achieve more favorable outcomes due to the combined efforts of our experienced attorneys. Our ultimate goal is to exceed our client’s expectations.

Understanding Child Custody in Aliso Viejo

California’s family courts focus on two types of custody: legal and physical. Legal custody addresses the parents’ rights and responsibility to make important decisions about their child’s welfare, education, and health.

The school the child will attend, the doctor they will see, and the type of religious upbringing they have are all decisions made by the parent with legal custody over the child. Parents are generally awarded joint legal custody.

Physical custody refers to where the child lives. Even when one parent is given primary physical custody over a child, the other parent may still have visitation rights. In cases where parents have a 50-50 visitation schedule, the child may split their time between two homes.

How Do the Courts Establish Child Custody?

The family courts do not immediately determine your child’s custody rights and visitation. No one knows your child better than their parents, so except in emergency situations, the courts allow time for both parties to come to agreements about custody and parenting time.

In cases where both parties come to a mutual agreement on child custody and visitation, the court will generally honor those agreements if the agreement serves the best interests of the child or children. It is only when both parents cannot agree on these areas that a judge ultimately makes those decisions based on the facts presented to the court and the interests of the child.

How Can Legal Representation Protect My Parental Rights

The right to parent is a fundamental right in this country; however, exercising that right when you face legal challenges and disputes about custody requires strong legal representation in court. Without legal representation, you risk an unfavorable outcome for your case. A lawyer serves as your legal advocate and can help you better understand how to further your interests in court.

If the courts make an unfavorable judgment against you, asking the court to modify that judgment could be very challenging. Having assertive legal representation from the beginning of your case allows your attorney to better protect your rights. Your lawyer can prevent the court from making important decisions without your input and consent.

Child Custody Modifications

There are times when a child custody modification is necessary and warranted. One example would be when one parent moves a significant distance away. This can make maintaining the current parenting agreement untenable. In other cases, the courts may reduce allotted parenting time for a parent with a history of absence, neglect, and other unsupportive behaviors toward their children.

With the help of an attorney in Aliso Viejo, you can gather evidence to support your request. Your attorney can schedule a hearing on the matter and ensure that the other party is duly notified. If the judge agrees with your request, they can modify the order under the terms of your request.

FAQs

How Much Does a Child Custody Lawyer Cost in California?

The cost of a child custody lawyer varies widely in California. Lawyers with vast experience who come from respected law firms often charge higher fees for their services than less experienced family law attorneys. Attorneys may bill by the hour at a set hourly rate. Many require an upfront payment, known as a retainer, that may have to be replenished throughout the court proceedings.

Do I Need a Lawyer for a Child Custody Case in California?

While legal representation is not required, having a lawyer can be beneficial. This is especially true in contested cases. Custody disputes can be complex and emotionally charged. An attorney can help present evidence, negotiate parenting arrangements, and protect your parental rights throughout the custody process. Skilled legal guidance from an attorney at Minyard Morris can improve your chances of securing a favorable outcome.

Can a Father Get 50/50 Custody in California?

Yes, California courts generally favor joint custody when it serves the child’s best interests. Fathers have the same legal rights as mothers and can pursue equal parenting time. To obtain 50/50 custody, a father must demonstrate the ability to provide a stable, supportive environment and actively participate in the child’s life.

What Factors Do Judges Consider in California Child Custody Cases?

Judges prioritize the child’s best interests when making custody decisions. Key factors include the child’s health, safety, emotional well-being, the parents’ ability to provide a stable home, any history of domestic violence or substance abuse, and the child’s relationship with each parent. If the child is mature enough, their preference may also be considered.

Contact Minyard Morris to Get Help with Child Custody Cases

If you are preparing to go through a divorce or child custody modification, you need a law firm you can trust. The team at Minyard Morris understands that your top priority is protecting your time with your kids. That is why we pour considerable time and resources into every case we take on.

From the moment you secure representation from our firm, you can benefit from the collective knowledge and experience of our team of lawyers. We take a focused, strategic approach to each of our cases and understand that no two cases are the same. To learn how we can help you win a favorable outcome in family court, contact our office today.