Anaheim Child Custody Lawyer

Anaheim Child Custody Attorney

If you are going through a divorce or separating from your child’s other parent, child custody is one of the most important matters to resolve. You need an experienced Anaheim child custody lawyer who is committed to protecting your parental rights and ensuring your child’s interests are treated as the top priority.

Types of Custody in California

Custody determines more than just which parent cares for the child after a divorce in Anaheim. Legal and physical custody must both be determined in a custody case.

Legal Custody

Legal custody decides who has the authority and obligation to make decisions regarding a child’s well-being, such as health care, education, after-school activities, and anything to do with their general welfare. Legal custody can be joint or sole.

• Joint legal custody: Both parents share the responsibility and right to make these decisions for their child.
• Sole legal custody: This is when one parent has the exclusive authority to make these decisions.

Physical Custody

Physical custody concerns where the child will live.

• Joint physical custody: This is when both parents have significant time with their child.
• Primary physical custody: While joint physical custody means both parents will have significant time with their child, factors like school and work sometimes prevent an equal split. The parent with whom the child lives for the majority of the time is considered the primary physical custody parent.
• Sole physical custody: The child lives with one parent, and the other parent may be granted visitation rights.

What Does a Court Consider When Deciding Custody?

When making decisions on child custody, the court’s primary concern is determining what serves the “best interests of the child.” This is a state policy designed to protect the child’s well-being and support ongoing contact with both parents. Courts do not automatically favor either parent but encourage shared parenting unless that would be detrimental to the child’s well-being.

Some factors that are weighed when making custody decisions include:

• Healthcare needs of the child
• The existing relationship the child has with both parents
• The parent’s ability to care for the child
• History of family violence or substance abuse
• If the child is old enough, their personal preferences

The Child Custody Process

The child custody process can be complex, but having a general understanding of what it will be like can ease some emotions.

The Preparation Stage

The first part of the child custody process includes preparation. This is when it is recommended you meet with a lawyer who can work on a legal strategy. Your legal team can help you make decisions on whether or not you will request sole or joint physical and legal custody, potential parenting plans, and more.

Filing for Custody

After your strategy is planned out, your legal team will open a family law case with the county’s superior court. With child custody cases, it will usually be through a divorce filing. Either parent can request a custody order.

Attending Mediation

Before bringing the case to court, the parents are required to attend mediation. A court-appointed mediator will discuss the case with both parties with the goal of developing a parenting plan that both parents are happy with. If the parents are able to reach a decision, their plan will be given to a judge to sign as the final custody order. If they can’t reach a mutual agreement during mediation, it will be up to the court to decide.

The Hearing

If mediation does not result in an agreement, a hearing is scheduled. This is most likely the first time both parents and their legal teams will appear before a judge. The judge may order a child custody evaluation, appoint legal counsel for the child, issue temporary custody orders, or schedule further hearings or a trial. Hearings are meant for the parties to present their case and evidence to the judge.

Conferences With the Judge

Conferences are meetings attended by the judge, each of the parents, and their legal teams. There are different types of conferences. For instance, pretrial or trial setting conferences ensure everyone is prepared for trial, address logistical matters, and estimate how long the trial will last. Settlement conferences provide another opportunity for parents to reach a compromise with the judge as the facilitator.

Custody Trial

If settlement attempts fail, the case will go to trial. Trials are more formal than the previous hearings, and both parents will present evidence and witnesses. Sometimes, trials can last weeks or months, depending on the complexity of the case and the court backlog. At the trial’s conclusion, the judge will announce their decision, which will become the final custody order.

Final Custody Orders

A final custody order outlines the legal terms and parenting plan that both parties must abide by until each child turns 18 or is emancipated. Custody orders can be modified as children grow and their needs change.

Child Custody Modifications

When a parent has a significant change in circumstances or the child’s needs have changed, a child custody modification can be requested. Once again, the courts will use the “best interests of the child” legal standard to determine whether to grant a modification.
The most common situations that may prompt a court to modify custody arrangements include:

• New medical needs for the parents or child
• Education changes
• Changes in family dynamics, like new marriages or siblings
• A parent is relocating
• Change in work schedules
• Parental alienation, abuse, or neglect
• A parent can no longer care for the child
• One parent’s failure to adhere to the existing order

Parents can collaboratively adjust their agreement if the original terms no longer work for them. If the parents can’t agree on the changes, the parent who wants the change must ask the court for permission.

Modifying a custody order requires both parents’ consent or a new court order. To request a change due to a significant change in circumstances, the parent must file a request with the court that explains the desired modification and any supporting evidence. This form will be delivered to the other parent.

The court will then schedule a hearing where both parents can present their arguments. After, the judge will decide whether to grant the modification based on the interests of the child.

Benefits of Hiring a Child Custody Lawyer

There are a multitude of benefits if you choose to hire a knowledgeable child custody lawyer. Every decision in a child custody case in Anaheim is significant, and your legal representation can guide you through the custody process while ensuring it proceeds smoothly and efficiently.

Emotions often run high in custody cases, and it is not uncommon for both parents to experience resentment toward each other. These feelings can cloud judgment and hinder effective communication. At The Law Offices of Ronda A. Middleton, we can present your case clearly and persuasively while advocating for the interests of you and your child.

FAQs

Do I Need a Lawyer for Child Custody in California?

While you are not required to have a family law lawyer for child custody cases in California, it is highly recommended, especially when it comes to issues that include your children. Even if you believe your case is straightforward, many issues could arise. Having experienced legal representation can greatly impact your and your child’s future.

What Do Judges Look for in Child Custody Cases in California?

Judges in California should always prioritize the best interests of the child when making decisions regarding custody cases. They will look at the child’s health, age, and emotional ties, their existing relationship with each parent, each parent’s ability to provide care, and whether there has been a history of domestic violence or substance abuse within the home.

Can I Change an Existing Custody Order?

Yes, you can change an existing custody order in California, though one parent must be able to prove that they or their child has experienced a significant life change that warrants a modification. This could be changes in the child’s needs, the parents’ schedules, living situations, safety concerns, or the parents’ ability to care for the child. Parental relocation could also warrant a modification.

Can Custody Decisions Be Appealed?

Yes, custody decisions can be appealed in California, but appeals in family court are usually only considered if the court made errors or there was a misinterpretation of the law. It is recommended that you consult with an experienced attorney if you have concerns or questions regarding family court appeals.

What Is the Role of Medication in Custody Disputes in California?

During custody disputes, mediation helps parents find solutions with a neutral facilitator outside of a courtroom. This facilitator will not provide their opinions or take sides but will guide the parents to craft their own parenting plans, reduce conflict, and improve long-term communication. If the parents can’t successfully mediate their custody issues, the case will most likely go to trial.

Contact Our Anaheim Child Custody Attorney

As a family law firm, we understand that custody battles can be emotionally challenging, especially when they impact your child’s future. The Law Offices of Ronda A. Middleton can offer legal support and advocacy in family law matters. Contact us today so we can discuss your case and develop a personalized strategy.