Child custody can often be one of the most highly contested aspects of family law. Ultimately, the terms of custody and visitation will be up to the judge, who will determine what is in the child’s interest. Working with a Laguna Beach child custody lawyer can help ensure your interests are represented and heard throughout this challenging process.
At Quinn & Dworakowski, LLP, we understand how emotionally challenging this branch of family law is for all parties involved. We have decades of experience advocating for individuals in child custody battles and can help you navigate your case confidently.
Child custody rulings will most often be decided during divorce proceedings. However, there are other situations where a couple who was never married could also need a child custody ruling. There are two different ways that child custody could be divided:
There are also two different kinds of custody:
The courts may decide on sole or joint custody for either physical or legal custody. They will thoroughly investigate the details and determine an arrangement that is right for the children,
When it comes to child custody decisions in Laguna Beach, the guiding principle, above all else, is the interests of the child. The court will consider a wide variety of factors and evidence, but they are required to make their final decision based on what they believe will serve the interests of the child.
It’s important to understand this concept in all aspects of child custody arrangements. The court will not just sign off on whatever agreement parents come to but will have to agree that it is the optimal arrangement for the child.
If the case will need to be argued before the court, your Laguna Beach child custody lawyer will advocate for your position regarding custody and visitation arrangements. If there is a desire to modify the child custody arrangement later, proof will be required of the change in circumstances that make modification necessary to serve the child’s interest. Common reasons are job loss, medical disability, or violation of orders.
There are a number of different factors that a judge will need to weigh when considering the issue of child custody. A judge will start from the premise that an arrangement that is as equal as possible is likely better for the child. However, they will adjust based on a variety of factors. Some of the more common ones include:
A: Mothers are not given any preference in custody decisions under California law. A parent’s gender is not a factor in the final custody decision that is made.
A: It is possible to modify custody orders. However, there must be sufficient reason to do so. Typically, the only way a petition to modify orders will be heard before the court is if you are able to make the case that a change in circumstances means that the child’s interests are no longer being served by the prior arrangement.
A: It’s the job of a child custody lawyer to advocate for their client in negotiations or before the court. They will provide evidence and persuasive arguments that the child custody arrangement the client is seeking is aligned with the child’s interests. They can also help their client understand what may be a reasonable, achievable outcome for their case.
A: No. In fact, having less custody may often mean needing to pay more in child support as the other parent is responsible for so much more of the care.
We understand just how sensitive and emotional child custody decisions can be for most people. Given how important children are to parents, it’s no wonder that this might be the most tension-filled issue in family law. Most parents want more time, but one of the challenges of child custody situations is that it can mean an order is going to require you to spend less time with your child than you hope.
You likely have strong opinions about what you want to see in a child custody arrangement, and that’s why it is critical that you work with a Laguna Beach child custody lawyer and law firm like Quinn & Dworakowski, LLP. You need someone who will represent you and firmly advocate for your interests. Contact us today to discuss your child custody situation.
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