Laguna Niguel Child Custody Lawyer

Laguna Niguel Child Custody Attorney

Custody law is the branch of the legal system dealing with the rights of care and control of children under 18. In cases where the parents separate, whether they were married or not, child custody will need to be determined by the courts, based on what is in the best interest of the child.

If you are dealing with child custody legal issues, a Laguna Niguel child custody lawyer can help ensure your child’s interests and your rights as a parent are protected.

Douglas A. Hatherley is a Certified Family Law Specialist and has been selected as a Super Lawyer for Southern California and named in The Best Lawyers in America® 2024. When you choose The Hatherley Firm, Inc., your child custody case is in very capable hands.

Child Custody Law Explained

Child custody refers to the rights of the child or minor under 18. In child custody cases, there are two major elements to a case:

• Legal custody. This involves the right to make important decisions about a child’s life. These decisions could include religion, healthcare, and education. In legal custody cases, rights can be shared between two parents or given to just one parent.
• Physical custody. This involves the living arrangements of the child. It also involves their day-to-day care. Similar to legal custody, it can be either joint or sole.

Types of Child Custody

As both legal and physical custody can be granted as either joint or sole custody to parents, there are essentially four different types of child custody arrangements:

• Joint legal custody. This type of arrangement involves both parents sharing the right and responsibility to make important decisions about their child’s life. This includes decisions regarding education, healthcare, general welfare, and religious upbringing.
• Sole legal custody. In this type of arrangement, only one parent has the ability to make decisions for the child. Sole legal custody may be granted in situations where one parent is unfit or unable to make important decisions for the child.
• Joint physical custody. In these cases, the child lives with both parents for a set amount of time. This does not necessarily have to be a 50/50 living arrangement split. Courts favor joint physical custody, when possible, to ensure that a child has a healthy emotional bond with both parents.
• Sole physical custody. In this type of arrangement, the child will live with one parent most of the time, and that parent remains responsible for the day-to-day care needs of the child. The non-custodial parent may have the right to visitation, but time is not required to be split. This is typically granted when joint physical custody is not practical or in the child’s best interests.

How Courts Determine Custody

Whether or not parents come to an agreed-upon custody arrangement, the courts must review and approve any custody arrangement.

This is what courts consider when determining custody:

• The child’s age, health, and relationship to each parent
• The parents’ abilities to care for the child
• The current living situations and schools
• The mental and physical health of all parties
• The child’s preference

When your case proceeds to court, it will likely be held at the Lamoreaux Justice Center at 341 The City Drive South in Orange, but your attorney can verify the details.

How a Child Custody Attorney Can Help

Child custody lawyers in California can help in many ways. With the divorce rate in the country at 2.4 per 1,000 people in recent years, child custody cases are common. When navigating the emotionally charged and challenging process of a child custody case, it is important to hire a child custody lawyer to help with the various aspects of the case. This will help to ensure the optimal outcome for your child.

Here are some ways that a child custody attorney can help:

• Navigating the court process. Child custody cases typically require court proceedings, which means that a strong understanding of legal procedures is also required. An attorney will guide you through this process, helping with required filings and court appearances.
• Understanding of California child custody laws. The laws in the state of California are very complex. A lawyer can help explain legal concepts such as the best interest of the child, physical custody, and legal custody. They can also help to clarify rights and responsibilities.
• Drafting and negotiating custody agreements. Custody lawyers are skilled in drafting complex custody agreements, known as parenting plans. These agreements outline important aspects, such as visitation schedules and holiday arrangements.
• Courtroom representation. If a case goes to trial, your lawyer can represent you in court. They can present arguments, examine witnesses, and advocate for desired custody arrangements.

FAQs

Is California a 50/50 State for Child Custody?

California is not necessarily a 50/50 state, although it is common that the courts will favor joint custody when it’s in the child’s best interest. Most courts will begin with the idea that it is beneficial for the child to have connections with both parents. Yet, 50/50 custody is not guaranteed. If one parent has a history of abuse or cannot co-parent effectively, the court will award a different split.

Who Wins Most Child Custody Cases?

No one necessarily “wins” a child custody case. Instead, courts make a sound decision based on what would be in the child’s best interest. The most common decision in a child custody case is joint custody. The key factors that the court will consider when making a decision in a child custody case are:

• The child’s health and overall welfare
• Each parent’s ability to care for the child
• Any history of abuse or neglect
• Co-parenting skills and the ability to communicate

How to Get Sole Custody of a Child in California?

To receive sole custody of a child, it must be shown that this decision is in the best interest of the child, and it must be proven that the other parent is somehow unfit to parent. This could be because of substance abuse, neglect, or abuse. It’s also important to show that there is no meaningful relationship between the child and the parent.

Hire a Child Custody Lawyer Today

The Hatherley Firm, Inc. focuses on child custody law and family legal matters. Our team has extensive experience in Laguna Niguel child custody cases. When your family faces legal challenges, you can count on us.

Schedule your consultation right away to discuss your case and determine which options might be right for your family.