Common Reasons You Could Lose Child Custody in Orange County 2024

Facing the loss of child custody is often the worst nightmare of a parent. You love your children and want them to be safe and protected. If you might potentially lose custody of your child, you are likely feeling frightened and uncertain about your child’s future and your relationship with them. There are common reasons you could lose child custody in Orange County, but a child custody attorney can help you avoid them.

Individuals make mistakes. Unfortunately, in cases regarding child custody, even the simplest mistake could result in you losing your rights to have custody of your children. The courts will take into account what they deem is in the interest of your children when determining child custody. Should you make a mistake that is not in the child’s interests, you could lose out on your chances for custody.

It is essential to work with an experienced Orange County child custody attorney in these situations. They can make sure every step of the court proceedings is done correctly. They can also keep you from acting in a way that might pose a risk to your custody rights as a parent.

How Is Child Custody Determined in Orange County?

When deciding on child custody in Orange County, the judge presiding over your case will take several factors into consideration. These include:

• The Interest of the Child: The courts will take several factors into consideration when determining what might be in the interest of the child. This will be the primary deciding factor when determining a custody ruling, and the courts take it very seriously. The judge will evaluate the child’s age, health, relationship with each of their parents, and any history of abuse or neglect.
• Continuity and Stability: Likewise, the courts will take into account the stability of the child’s home life with each parent. This can include their current school arrangement, living arrangements, neighborhood, and ties to their local community.
• Involvement of the Parents: The courts will then consider each parent’s involvement in their child’s life. Judges highly value the willingness of the parents to participate in their children’s lives. Among other factors, they will look at each parent’s ability to support the child’s emotional, physical, and financial needs.
• Preference of the Child: In some custody cases, the judge may allow the child to voice their preference on which parent they would wish to reside with. This will typically depend on the child’s maturity and age. While the child’s preference will not take precedence over what the judge deems to be in their interest, it will hold some weight.
• The Ability to Co-Parent: Lastly, the judge will examine the parent’s abilities to cooperate, communicate, and make joint decisions on the well-being and raising of their shared child.

Other factors may also be considered, such as whether the parents have any substance abuse issues, criminal history, or a record of abuse and neglect.

Common Reasons Why Parents Lose Child Custody Rights in California

There are many reasons why a parent might lose custody rights to their own children in California. During any custody battle, it is important that you hire an attorney. They can help you avoid some of the common mistakes that could cause you to lose your chances of gaining child custody. Some of the most common reasons why parents lose their custody rights include:

• Neglecting the child
• Abusing the child
• Suffering a substance abuse issue
• Committing acts of domestic violence
• Suffering certain mental health issues
• Failing to co-parent
• Violating a custody order
• Failing to be involved in their child’s life
• Abducting their child
• Lying to the courts
• Demonstrating bad behavior in court proceedings
• Placing your child in situations that risk their health and safety
• Interfering with the relationship between your child and their other parent
• Making false allegations of child abuse or neglect

FAQs

How Do I Seek Child Custody in California?

When seeking custody in California, there are several legal steps you must take. First, you need to file your case with the courts. The other parent will be served papers, notifying them that you have filed this case. They will then need to file a response. You will then file any necessary and remaining forms. If you haven’t already done so, you should then begin building your case for custody with your attorney.

What Factors Do the Courts Consider When Determining the Interest of the Child?

The courts will consider many factors when determining what will serve the interest of the children who are involved in a legal custody battle. These include:

• The age and health of the child
• The health and well-being of the parent
• The preference of the child
• The involvement of the parents
• Each parent’s ability to care for their child’s needs

What Makes a Parent Unfit for Custody in California?

In California, the courts can deem a parent unfit for custody while determining what is in the interest of the child. A parent may be deemed unfit for custody if they:

• Demonstrate a substance abuse problem.
• Have certain mental health issues.
• Have a disregard for the overall health and safety of their child.
• Try to abduct their child.
• Have a criminal history that involves murdering the other parent, committing rape, or engaging in sexual assault.

How Much Does a Child Custody Lawyer Charge in California?

It is impossible to determine beforehand how much it may cost for a child custody attorney to represent you during a case. Several factors will affect the final cost. These include:

• The time required to resolve the case
• How cooperative the other party is
• The unique details of the situation
• The amount of resources the attorney needs to address the case

Contact a Compassionate Child Custody Attorney Today

If you are fighting for the custody of your child, you want to avoid certain mistakes. An attorney can help you avoid these common errors and pursue a fair chance of receiving the custody of your children. Contact the offices of Quinn & Dworakowski, LLP, today.