Can One Parent Keep the Child From the Other Parent Without Court Orders in Orange County? 2024

Child custody can be a complex subject in the Orange County courts. There are many factors that go into these cases, and the judges who preside over them must ultimately make a determination on child custody. To do so, they will take a variety of factors into account. As a parent, you might be fearful that you will lose custody, so you may wonder, “Can one parent keep the child from the other parent without court orders in Orange County?” A child custody lawyer can answer this and other questions you may have.

Child custody battles can be lengthy ordeals. They often leave parents feeling stressed, worried, and uncertain whether their children will be involved in their lives. As parents, you love your child and want to do whatever is in their interests. Unfortunately, there may be a temptation to keep your child away from the other parent. This action can actually backfire and come with severe consequences.

Aspects Considered When Determining Child Custody in Orange County

When a judge rules on child custody after a divorce, separation, paternity challenge, or other form of family law proceeding, they will take countless factors into account. These typically include the following:

• The Relationship Between Each Parent and Child: The courts will consider the relationships between each parent and their child. The bond between parent and child is crucial, so they will try to make sure the child has access to both parents. The courts will also consider the emotional bond between the parents and their child as well as the amount of time the parent spends with the child.
• Home Life and Stability: The courts will look at the home life of the child with each parent and the stability that life allows. The courts will consider the routine the child has in the home, along with how regularly that child attends school and any other community activities that provide the child with stability.
• Parenting Skills of the Adults: The courts will examine the parenting skills of each of the involved adults. They may consider the punishment techniques of each parent, the parent’s ability to effectively communicate, and what their capacity is for understanding and supporting their child’s emotional and mental needs.
• Preferences of the Child: If it is deemed appropriate and in the child’s interest to do so, the courts will allow the child to address them and give a statement regarding their own preferences for custody. This, however, must be done without the parents present.
• Any Domestic Violence or Substance Abuse Issues: If there is any record of domestic violence or substance abuse issues by either parent, the courts will take this into consideration, as the child’s security and well-being are always of paramount importance.
• Fitness of the Parents: The courts can also take into account the physical and mental well-being of each parent when determining which parent better suits and serves the needs of their children.
• The Ability to Co-Parent: The courts will consider the communication and cooperation style of the parents and whether they can effectively and safely co-parent their child.
• The Existence of a Support Network: The courts will lastly look into the support system available to the child, which can include friends and family members.

Ways in Which Keeping a Child Away From the Other Parent Without a Court Order Can Backfire

In California, if there are no court orders in place, you cannot keep the child’s other parent away from the child. In trying to do so, you could face serious consequences. If you try, the other parent has legal options they can use against you and, in turn, harm your chance of maintaining custody of your child. These legal options can include:

• Your co-parent may request primary physical custody. In severe cases, such as those involving child abduction or concealment, the courts may award your co-parent sole custody.
• The co-parent can request that the court order you to take certain parenting courses.
• You may be responsible for paying the attorney fees of your co-parent, should they request this, due to your trying to keep the child away from them.

FAQs

What Is It Called When a Parent Keeps a Child From the Other Parent?

In California, when a parent tries to keep a child away from the other parent, this is called “gatekeeping.” There are two main forms of gatekeeping seen in child custody cases. Protective gatekeeping can occur if you believe keeping your child away from the other parent without court orders is necessary for the child’s health and safety. The other form, restrictive gatekeeping, is when a parent acts this way without justification.

How Much Can a Child Custody Lawyer Charge in California?

In California, the amount an attorney might charge for representing your interests in a child custody case can vary. The total cost will depend on certain factors involved in the case. These can include:

• The complexity, nature, and duration of the case
• The skill level, effort, and experience of your attorney

What Should You Do When Your Child Only Wants the Other Parent?

If your child expresses that they only want to be with the other parent, the right thing for you to do is listen to their thoughts and feelings on the matter. It is important that your child feels heard and seen by you, even though this can be a difficult thing for you to experience.

What Factors Determine the Interest of the Child in California?

When determining the interest of the child in a child custody case, the courts will take several factors into consideration. These include:

• The age of the child
• The health of the child
• The health of the parents
• Any history of criminal history on the part of the parents
• The child’s preference

Contact a Trusted Orange County Child Custody Attorney Today

If you are in the midst of a custody battle, you may be entertaining the idea of preventing your child from seeing your co-parent, even without the necessary court orders in place. Don’t do it. Not only can this harm the relationship between you and your child, but it can also ruin your chances of gaining and maintaining custody. Instead, let’s explore your legal options. Contact the offices of Quinn & Dworakowski, LLP, for more information.