When parents divorce, it can be extremely difficult to decide who will have custody of their children and what visitation schedule they will have. The state of California, under family law, prefers joint custody arrangements, but in some cases, it may be necessary for one parent to have primary custody. Regardless of the arrangement, the focus should always be on what is in the child’s best interests. In such a highly emotional and legally complex situation, it is in your best interests to have an experienced Yorba Linda family law attorney assess your particular circumstances and help you determine the best course of action for a healthy and happy family dynamic in the future.
Yorba Linda Practice Areas
What Various Child Custody Arrangements Exist in Yorba Linda?
There are different types of Yorba Linda custody arrangements that the court can order. These include:
- Sole Custody: In a Yorba Linda sole custody arrangement, one parent is given the child’s primary physical and legal custody. The non-custodial parent is typically given visitation rights where they can spend time with their child, but they do not have a say in making major decisions about their child’s life.
- Joint Custody: Joint custody is when both parents share physical and legal custody of the child. There are different types of joint custody, including joint legal, physical, and shared custody. These arrangements can be customized to fit the family’s needs, but the goal is always to provide every child with a healthy and stable home life.
- Split Custody: In a split custody arrangement, the child lives with one parent during the week and with the other parent on weekends. This arrangement is typically only used in Yorba Linda cases where the child is very young and needs a consistent schedule due to their age or developmental needs.
While other variations of child custody arrangements do exist, these are the most common you will find.
What Factors Does the Court Consider When Deciding Child Custody?
There are several factors that the court will consider when determining child custody. These include:
- The child’s age
- The child’s health
- The child’s relationship with each parent
- The child’s relationship with siblings and other family members
- Each parent’s work schedule
- The child’s educational needs
- The child’s extracurricular activities
- The child’s religious upbringing
- The child’s preferences (in some cases)
- The parent’s mental and physical health
- The parent’s relationship with the child
- The parent’s ability to provide a stable home life
- The parent’s criminal history
- Any history of domestic violence or abuse
It’s a lengthy list, and for good reason. The court wants to ensure that they are considering all of the necessary factors to make the best decision for the child.
What If the Parents Can’t Agree on Custody?
If the parents cannot agree on custody, the court will decide for them. To do this, both parents must go through the court process and present their family law case. During their custody battle, the court may appoint a child custody evaluator to interview the parents and children and observe the family dynamic. The evaluator will then recommend to the court what they believe the custody arrangement should be. The court will consider this recommendation, but they are not required to follow it. At the end of the process, the court will evaluate the evidence that has been presented and make a final decision on what physical arrangement and child support they believe offer the best solution for everyone involved.
Family Law Attorney FAQ
Q: How Much Does a California Child Custody Lawyer Cost?
A: The rates for a child custody lawyer in California can vary depending on many factors. These include the complexity of the case, the number of court appearances, and the lawyer’s hourly rate. To get the most accurate estimate, it’s best to contact a lawyer for a consultation.
Q: Who Pays Attorney Fees for Child Custody Cases in California?
A: In California, each party is responsible for their own attorney fees. This means that if you are the parent who is seeking custody, you will be responsible for your own attorney fees. The other parent will also be responsible for their own attorney fees. The only time where attorney fees may be awarded to one party is if the court finds that one parent acted in bad faith or deliberately misrepresented themselves during the custody process.
Q: Can You Get a Court-Appointed Attorney for Child Custody in California?
A: If you cannot afford to hire your own lawyer for child custody in California, you can get a court-appointed attorney. You will need to show the court that you have a limited income to qualify for a court-appointed attorney.If you are approved, the court will appoint an attorney to represent you free of charge. Many people believe that court-appointed attorneys are not as good as private attorneys, but this is not always the case. Some court-appointed attorneys are very experienced and knowledgeable about child custody law and can still provide excellent representation.
Q: What Is the Difference Between Physical Custody and Legal Custody in California?
A: A parent with physical custody will have the right for the child to reside in their home.A parent with legal custody has the right to make decisions about the child’s welfare and upbringing. These decisions include education, medical care, and religious upbringing. In California, both parents are typically granted joint legal custody. This means that they will both have a say in these important decisions. The only time one parent may be granted sole legal custody is if the other parent is deemed unfit or has a history of domestic violence.
Contact a Family Lawyer at The Law Offices of Dorie A. Rogers Today
If you are in the middle of a child custody battle, it’s important to have an experienced lawyer on your side. The Law Offices of Dorie A. Rogers has represented clients in child custody cases for years. They understand the ins and outs of the California court system and will work tirelessly to earn you the best possible outcome in your case. Contact The Law Offices of Dorie A. Rogers today to begin your consultation and witness the dedication they put into every case.
“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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