During a divorce or separation from your spouse, you may be juggling many different concerns at once. Trying to keep up with your personal and professional life with legal paperwork and processes can become a burden. This is especially true if children are involved. You may feel overwhelmed trying to balance everything while making sure that your children are shielded from the worries of divorce.
A custody case can be even more stressful when the other party is not in agreement with the post-divorce childcare arrangements. A dedicated Tustin child custody attorney from The Dorie A. Rogers can help guide you through family court, lending a helping ear and hand to your child custody case. If you are feeling anxious about the future of your children, an Orange County family law attorney from our firm can help you.
Tustin Practice Areas
Contact the Dorie A. Rogers
When you first step into our offices, we will walk you through the entire process, so you will know what to expect. Taking the time to understand your family dynamics and goals, we will help you develop a strategy at our first meeting. From that point forward, we will continue to pursue your rights in accordance with our strategy whether it is with hearings or negotiations until the time of trial or conclusion by settlement.
With our strategic planning we will be prepared from the onset to accomplish our goals regardless of the challenges we encounter. Gathering all of your financial information we will collect a complete picture as we determine if outside experts should be brought in to strengthen your case. We work with a network of forensic accountants, psychologists, and investigators in order to best assist our clients in furthering their goals. We can also refer you to counselors as needed.
Defining Child Custody
Child custody is based on defining who will get to make legal decisions regarding a child. These decisions can pertain to where they will go to school, what kind of healthcare they will receive, whether they will undergo certain healthcare procedures, what religion they will practice, and what their living situation will be.
When it comes to divorce, parents may be in disagreement about which spouse should be making these decisions for each child, and it could lead to child custody decisions being made in family court. If the spouses are able to reach a consensus via negotiation or a collaborative divorce process, they can avoid having to go to court.
Having an understanding of how the different custody arrangements function can help you decide what is right for your family.
Physical custody
Physical custody is the kind of custody that dictates who the children will be living with each day. This can include the main house that the child will be living at and what the parenting schedule will look like.
Legal custody
Legal custody is the type of custody that determines who will be making critical decisions regarding the life of the child, including their religion and education. This includes other important factors, such as what medical procedures they can undergo and how much screen time they are allotted each day.
Sole custody
In sole custody, only one of the spouses will have both physical custody and legal custody over the child. Not only will they be making legal decisions for the child, but they will also have the right to raise the child with them in the same physical location.
Joint custody
A joint custody arrangement means that each parent will jointly share legal custody. Together they will make important decisions regarding the child’s life, and the child’s time physically spent with each parent will be equally split between the two.
Understanding these different kinds of custody in California can help you to strategize and make the most optimal plans for your children moving forward. An Orange County child custody attorney can help you with this.
How Child Custody Is Determined in Tustin, CA
In the Tustin, CA court system, know that all decisions regarding child custody will always be made in the best interest of the child involved. Sometimes, what you believe will be in your children’s best interests isn’t what the courts will believe. Because of this, it’s important to have an experienced attorney guide you. If your case goes to family court, the judge will take the following considerations into account:
- The age of the child. The court will consider what is best for the child based on their age.
- The health of the child. If the child has any specific or urgent health conditions, the court will take this into account.
- The child-parent relationship. The family court will take into account how the child feels about each parent and the emotional attachment to them, as well as what the relationship is like.
- The capability of each parent to provide. It will be considered how well each parent can support each child emotionally, how much they can aid in development, and how well they can help meet physical needs, such as meals, clothing, and school supplies. Above all, the court will evaluate the capability of each parent to create a stable and healthy environment at home.
- The criminal and abuse history of the parents. If one of the parents has a history of neglecting the needs of the child or abusing them emotionally or physically, the court will consider restricting their custody.
- The desires of the child. The court will try to take into account who the child wants to live with, especially if they are of the appropriate age.
When determining child custody cases, the court will take all of these factors into account. They will also consider anything else that may have an impact on the well-being of the child, such as whether there are siblings and if the parents get along with each other.
Effective Ways to Get Child Custody in CA
If you are fighting a court battle over custody with your spouse or ex-spouse in Tustin, CA, you may be wondering how you can most effectively have the court rule in your favor. Because each custody case has its particular characteristics and the relationships between the children and parents can vary, the approaches to a successful custody battle will be unique depending on the situation. However, there are some strategies that can be used to up your chances of winning in court, such as:
- Getting in touch with a child custody lawyer. If you are unsure about the custody process, what your child’s rights are, and how to determine which kind of custody is right for you, a skilled attorney can give you support and counsel on this.
- Show that you are able to meet your child’s needs. If the court considers that you are in a financial and emotional position to address the physical and developmental needs of your child, you will increase your chances of custody. You will want to provide hard evidence that the home environment you are providing is safe and supportive. You can show report cards and medical records or insurance as proof of how you will provide for their educational and medical needs.
- Demonstrate that you and your child have a healthy relationship. You can show that the relationship you and your child have is positive by showing photos, letters, chats, and call logs to the court. Any other way you can show that you are involved in your child’s life, such as interviews from friends and family, is extremely helpful for making your case.
- Be cordial and mature with your spouse. When the court is determining whether you will get custody, they will examine your ability to get along with your spouse. If you show clear communication, and willingness to negotiate the custody plan, your chances will be better.
- Try to negotiate or mediate. Instead of going to court, you can consider working out a negotiation with your spouse about child custody by negotiating. Usually, this approach has positive outcomes that can please both parents.
Although it’s important to be aware of the different strategies to win a child custody case, it’s mostly critical to focus on the best interest of the child. If you work with a dedicated Tustin, CA child custody lawyer, they can help you design and implement a plan to ensure a bright future for you and your children.
Child Custody Attorney FAQs:
Q: Can a Person Who Is Not a Parent Get Custody of a Child in Orange County, CA?
A: In the state of California, if you are considered a non-parent, such as an uncle or aunt, your grandparents, as well as other people in the family, can technically file for CA child custody. They, however, will have to provide evidence that they can provide a healthy home environment and that it will be for the benefit of the child to live with these people.
Q: Is It Critical to Hire a Family Law Attorney for Child Custody in California?
A: In California, you can represent yourself in a custody battle; however, it is typically recommended to hire a legal representative who can help you work through child custody logistics, as well as give you key advice. They will also help make sure that the rights of your children and yourself are protected.
Q: At What Age Can a Child Decide Visitation in California?
A: There is no specific age at which a child can decide their visitation schedule with their parents. It’s important to remember, however, that they will typically take the child’s opinion into account if they are 14 or older, but they will take other factors into account as well. These other factors include what each parent-child relationship is and how well each parent can provide for the child’s needs.
Q: What Paperwork Do I Need to Get Custody and Visitation in California?
A: In California, if you want to file for custody and visitation, you will have to file paperwork with the court in the county where the child is living. In the paperwork that must be submitted are the forms:
- Petition for Custody and Support of Minor Children.
- A Summons.
- Other forms, in accordance with your case.
By consulting with a family lawyer, you can determine whether you filed the paperwork correctly or not.
Secure Protection and Care For Your Child
If you feel trapped in a custody battle and unsure about what legal path to take forward, discuss your case with the child custody lawyers at The Dorie A. Rogers. Whether you are dealing with a domestic violence case or want to negotiate a visitation schedule outside of court, we have the experience in Tustin child custody cases to help you succeed. Contact one of our lawyers for your child custody case today.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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