When deciding with whom the child will live or who has custodial rights in Fullerton, CA, the number one factor is what is best for the child. That means considerations will include many of the following:
- The child’s age
- Any of the child’s health concerns
- The emotional ties between the child and the parents
- How much care can a parent provide the child
- The history, if any, of substance abuse or domestic violence
- How tied the child is to the community, home, or school
When deciding custody or visitation, the gender of either parent is not considered. It is illegal to use protected characteristics such as gender, race, religion, sexual orientation, and others to make legal decisions. Additionally, even if the parents were never married, the courts cannot deny the right to custody or visitation unless it will put the child in physical, emotional, or mental danger.
If a court determines that neither parent will be able to provide a home that is in the child’s best interests, the court can award guardianship to another party, such as the child’s grandparents.
In addition to custody and visitation, courts will make decisions on any necessary child support that should accompany the legal orders.
Q: How Much Does a Family Law Attorney Cost in California?
A: In general, a child custody attorney can range in overall costs between $3,000 to $20,000. The facts and circumstances of your case will play a role in the final total. If your case requires more attention because there is extensive criminal history, the other parent or their lawyer is uncooperative, or a number of other reasons, then your attorney will need to spend more time on your case.
Q: How Do I Find the Best Child Custody Lawyer?
A: Word of mouth and online reviews can help to indicate how reputable a child support attorney is. However, when you choose the attorneys at the Dorie A. Rogers, APC, we take the hesitation out of your decision. Our team has the knowledge and experience you need to help resolve your child custody case with the best outcome for you and your child.
Q: How Can I Fight Full Custody in California?
A: Once a decision in court has been made, your attorney can help you file a Request for Order that will begin the process of modifying an already standing court-ordered custody case. If the parents can agree on the changes requested, the process is as easy as asking a judge for approval. If not, then you will need to prove your case to the court.
Q: What Do Judges Look for in Child Custody Cases in California?
A: Judges will consider many factors when deciding which parent will have custody of a child. Many of the mitigating factors include the relationship the child has with both parents, the involvement of the child in their home, school, or community, the overall health of the child and where care will be best provided, and any substance abuse or domestic violence. These are taken into account with other factors as well.
Q: Can a Mom Get Full Custody in California?
A: Yes, a mom can receive full custody of children in California, but so can the father. Basing a legal decision on the gender of either party involved is illegal, as gender is a protected characteristic. Because of this, courts are not allowed to make custody decisions based on either parent’s gender. The decision for the child will be based on what is in their best interest.
Anytime there is a legal process involving a child, it should be handled delicately. While the decisions are coming from the court and their parents, the child is the one who is ultimately impacted. Keeping you and your child’s best interests in mind is the priority of our team at the Dorie A. Rogers, APC. Contact our offices today and find out how we can help you with your child custody case.