Child custody cases can evoke feelings of uncertainty and unease. While the outcome of any court case is never a foregone conclusion, having strong legal representation can improve the odds that your case resolves on favorable terms. An experienced Corona del Mar child custody lawyer can help ensure that the other parent does not have undue influence in court proceedings and that your rights are protected throughout the process.
A child custody case can feel like the things that matter the most to you are on the line. The family law firm of Minyard Morris understands the gravity of your situation, and we are dedicated to delivering exceptional results that allow you to retain deep and meaningful connections with your children. What sets our firm apart is our dedication to continually exploring creative solutions to complicated problems that arise.
Three times a week, our entire team of attorneys takes a break from their busy work schedules to come together for strategy meetings. We believe that collective problem-solving benefits our clients and makes our legal team stronger. If one attorney is at an impasse, they have an entire team of lawyers from which to draw ideas and insight. This approach helps our firm consistently secure favorable outcomes for our clients’ cases.
California’s courts focus on two types of custody. Legal custody allows one or both parents to make important legal decisions about their child’s welfare, education, healthcare, and religious training, among other important areas. Many cases result in both parents sharing joint legal custody.
Physical custody refers to where the child lives. If one parent is given sole physical custody over a child, the child has one primary home. In cases where physical custody is shared jointly, the child may split their time between two homes.
Sole custody is a less common arrangement and usually results from one parent being uninterested in raising their child or deemed unfit to parent due to a substance use disorder, criminal history, or history of child abuse.
Although no one wants to be blindsided by a divorce, you are not necessarily at a loss if your soon-to-be ex files for custody first. It is important to respond quickly, though, because missed court hearings could be detrimental to your case.
If you are notified that your spouse is seeking a divorce, one of the first steps you should take is to hire a divorce attorney who can review the court filings and respond as needed. The courts do not give preference to the party who files first, and both parents have important rights that must be upheld throughout the court process.
Without legal representation, you risk losing significant access to the things that matter most to you. Attorneys play a crucial role in shaping the outcomes of child custody cases by fiercely advocating for the rights and interests of their clients.
If you are falsely accused of being unfit to parent by the other parent, your attorney in Corona del Mar can quickly address those allegations, so they do not influence the outcome of a custody case. Attorneys can find innovative ways to move a case forward if it appears to be stuck at an impasse. When a judge has questions, your lawyer can answer in clear terms that cannot be misinterpreted.
A child cannot refuse to see a parent in California if there is a standing court order in place. Both parents are expected to facilitate child visitation exchanges and comply with standing court orders. Parents have a responsibility to avoid making disparaging statements about the other parent. If there is a custody matter before the court, a judge may consider statements made by a child, particularly if they are older teenagers, but a child does not decide where they live.
A father can lose visitation time in California if he fails to exercise his visitation rights. This could be seen as an abdication of the father’s parental rights and a sign he is uninterested in playing an active role as a father. Child abuse, neglect, and abandonment are common grounds for a father losing custody of their child. Failure to pay child support is generally considered a separate matter.
The ideal custody arrangement for a child is determined by the specific facts of a case. In general, children benefit from quality time with both parents. This is why the courts often award joint custody following a divorce. In certain cases, the child’s safety may be considered a factor if one or both parents are unable or unwilling to parent the child in a safe and loving environment.
A parent can move out of state with joint custody, but the move can complicate visitation schedules. One important step would be to coordinate the move with the other parent. A court modification to the custody agreement may be needed to allow for a more sustainable visitation schedule. If the move requires more parenting time for one parent, they may have grounds for requesting additional child support from the other parent.
Child custody cases are often complicated and emotional cases that require clarity and perspective from a seasoned family law attorney. Whether you are going through a divorce, seeking custody for the first time as a father, or requesting a modification, the family law team at Minyard Morris is here to help.
We can provide the legal guidance and strategic thinking you need to achieve a favorable outcome in your case. Contact our office today to schedule your consultation and take the first step toward protecting your rights in court today.