How Do I File for Child Custody in Orange County?

Filing for child custody can be a difficult process. Not only is the emotional toll immense, but the cost can be intimidating. You may find yourself wondering, “How do I file for child custody in Orange County?”

While it may seem overwhelming, custodial issues are common. In Orange County, a study found that over 30% of children belonged to single-parent homes. It is increasingly common for parents to seek custody of their children through the legal process. At the Law Offices of Ronda A. Middleton, our experienced attorneys are ready to advise you on the optimal way to engage with the custodial process.

Legal and Physical Custody

Before filing for custody, whether it is part of an ongoing litigation or a new process, it is important to understand the different types of custody recognized in California. Fundamentally, there are two categories, legal and physical custody. They are defined as such:

• Legal Custody. This pertains to the decision-making powers of a custodian regarding a child’s well-being, education, health, and other personal practices. These decisions extend to health care policies, religious practices, and where the child will go to school.
• Physical Custody. This refers to which parent the child will physically stay with. It is possible for one parent to have physical custody while relinquishing legal custody.

Joint and Sole Custody

In addition to legal and physical, a parent may have sole or joint custody. These categories also have their own differentiations:

• Sole physical custody means that a child resides with one parent full time, including weekdays and weekends. The other parent may be granted visitation.
• Joint physical custody entails a child’s time being shared between parents. This is dependent on a mutually agreed-upon plan for when the child will spend time with each respective custodial parent.
• Sole legal custody is where the critical decisions in a child’s life, such as health care plans and education, are under the purview of only one parent.
• Joint legal custody, like joint physical custody, implies a sharing of this responsibility between parents. This can be tricky, as it requires a high degree of cooperation, communication, and collaboration between parties. It is not irregular to have a family lawyer involved in the process who can make sure each party is acting in good faith and getting an equitable say.

California judges seek to determine the optimal interest of the child in custody cases. This usually involves favoring joint decisions where applicable, as the court tends to emphasize the importance of continual and consistent contact with both parents.

How to File for Custody

Taking the actual steps in filing for custody can seem confusing. While each situation is different, here are the basics:

• Consult with a reputable OC child custody lawyer. Having an experienced attorney can help save time and ensure your rights and the rights of your child are upheld.
• Determine the appropriate court. File in the Superior Court of the county where your child has lived for at least the past six months. In Orange County, this is usually at the Lamoreaux Justice Center at 341 The City Drive South.
• Complete and file the necessary forms. Your attorney can assist in this process, making sure you have all the right forms and meet all deadlines.
• Serve the other parent. Copies of your paperwork should be delivered to the other parent. It is ideal to complete this action through a lawyer.
• Participate in child custody mediation. California requires mediation before a custody hearing to help parents reach a parenting plan agreement.
• Attend the court hearing. At the hearing, evidence can be presented. The judge may issue temporary or final orders or request a custody evaluation.

You should be prepared for any fees related to court filings. An attorney can assist you in knowing which fees may be relevant in your case.

FAQs

Q: What to Say to a Judge to Get Custody of Your Child?

A: While there is no one thing you can say to get a judge to decide a custody issue in your favor, there are several things they consider during a custody hearing. Be sure to demonstrate you have the interests of your child in mind, and include anecdotes that show the strength of your relationship. It is always wise to show intent to cooperate with the other parent.

Q: How Much Does It Cost to File for Custody in California?

A: Filing for custody in California can be a time-consuming process that requires the correct submission of many forms and their relevant fees. Each custody filing is unique, and the necessary paperwork and fees can vary, depending on the circumstances. An experienced child custody attorney can help you assess what may be required in your case.

Q: What Makes a Parent Unfit for Custody in California?

A: There are several factors that may make a parent unfit for child custody in California. These can include a history of physical or mental abuse and other hostile behaviors towards the child. A medical history of mental illness or other kinds of incapacity may be taken into consideration. It can also include an absence or lack of involvement in the child’s life, signifying they are not invested in the child’s welfare.

Q: What Documents are Needed for Proof of Custody?

A: To show proof of child custody, it is important to have several kinds of paperwork ready. These include any vital records, such as birth certificates and other evidence that establishes parental lineage. In addition to these, you should maintain complete records of court forms that have established custody, as well as all copies of court or mediation decisions that came from that filing.

Contact Us

While custody disputes can feel like an uphill journey, remember that you are not alone. Legal professionals are essential to have on your side, and our knowledgeable attorneys at the Law Offices of Ronda A. Middleton are prepared to help you navigate the custody process. Contact us today to learn how we can assist you.