Why You May Need a Rancho Santa Margarita Child Custody Attorney
Determining child custody is one of the court’s biggest decisions. Our child custody lawyers are professionals at representing their clients on these kinds of proceedings and showing evidence as to why their clients should have custody of their child.
You should know, Child custody isn’t always awarded to the mother of the child. Joint parental custody is preferred, but one person is considered the main custodial parent. A child custody attorney can show your case to the judge outlining the reason why you think you would be the better selection for the primary custodial parent. Our Rancho Santa Margarita Child custody lawyers also work directly with private investigators when necessary to find out as many facts about the case as they can.
Our Child custody attorneys will spend the time in finding possible witnesses for you, developing a schedule for visitation to present to the other parent, and working with the court to establish which parent is most suitable for custody.
Some custody cases tend to be emotional and volatile. The child custody attorneys at our firm will certainly protect your legal rights as a parent and do everything in their power to obtain a favorable outcome.
We make your child custody dispute case our concern, by means of hard work, determination, and a thorough application of our skills, we fight for favorable resolutions. With attention on due dates and court dates, we make sure you understand every step of the case. We strongly encourage communicating with us by means of telephone and email. We will pay attention to your needs and answer all questions and concerns you may have. Alongside one another, we work to win.
Winning consists of us being most effective and efficient. By means of advanced technology, we have computerized our practice, which raises efficiency and permits us to become more cost-effective. Most of our research is done through the Internet, saving time and legal fees.
To learn more about our Rancho Santa Margarita Child Custody Attorneys and just how we can help you, please contact us today. We look forward to hearing from you either by email or by phone. Our Rancho Santa Margarita child custody attorneys will set up a no cost consultation with you.
Before parents can take care of custody matters and visitation of their children, there must be a formally filed underlying action in the state family law court.
What this means is a petition for divorce or paternity (unmarried) could be filed by your family law attorney.
In case the parents are married, either the mother or the father’s family law lawyer can file an action seeking dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children’s action.
If the parents are unmarried, either the mothers’ or the fathers’ family law lawyer can file an action to establish the parental relationship or file the petition for custody and support of minor children.
This is often carried out by having an experienced family law attorney file an Order to Show Cause. This kind of process provides for temporary orders to be provided before a trial or judgment. You can also file an Order to Show Cause post judgment.
Exactly what can you do to support your Rancho Santa Margarita Child Custody Case?
You may assist immensely in this important family law process. It is possible to help maintain the cost to a minimum of your family law matter by giving the four basic information inputs demanded and necessary in all family law cases involving custody issues:
1) Your Story
1 to 2 pages, double spaced, 12 point font. When correct, briefly describe the way you have been the primary care giver. Also briefly point out any truthful improper behavior by the opposing party. Reflect on the basic features of being a parent:
- Scholastic (educational)
- Extra-curricular (sports, music, ballet, amusement parks, museums)
- Medical (doctor visits)
- Home life, living environment (home accommodations)
- Religious affiliation
2) Income and Expense Declaration Form
Consult our firm with this Income & Expense Declaration form. Fill this form out to the best of your ability. Be sincere. When possible seek out guidance from a bookkeeper or accountant.
You can use a pencil and it may be in your own handwriting, just be neat. Give all supporting documents you can use, including a pay stub, tax return, and copies of other sorts of financial accounts.
Once you have done the very best that you can, deliver it to our firm so we can assist in the finalization of the Income and Expense Declaration form. Our family law attorneys will take a look at your declaration before filing in a family law court.
3) Future Custody Plan
Make sure you give to us 1 to 2 pages clarifying your custody goals. Concentrate on what exactly is in the greatest interest of the kids. Explain how you would choose to exercise custody of the child or children. Detail the visitation schedule. Have a calendar and a map handy. Be sensible, fair, and reasonable.
The courts want the two parents to become involved in the raising, loving and caring of children.
Keep in mind, children are innocent and are our nation’s potential future citizens. Children are dependent upon us for their well being.
Keep in mind, family law courts want to maintain the status quo unless there is information provided that would require a change to a visitation schedule.
4) Evidence
Evidence in family law matters eventually becomes exhibits. Exhibits are merely included in an arranged fashion into any package of court documents your family law attorney files on your behalf.
Once you officially request something, including Rancho Santa Margarita child custody or child support orders, in the court, it must be filed officially on your behalf by your family law attorney.
This means to just get any document that proves anything you mentioned or asked for in items #1 – #3 above.
Remember probably the greatest ways to make sure you will be victorious in protecting your kids is to become accurate, well prepared, and organized with the required proof, i.e. evidence!
May I have joint custody of the kids?
Some states possess a joint custody law that promotes judges to give joint legal custody to parents. Therefore both mom and dad have a right to make decisions regarding their children for example education, treatment and religious training.
A legal court also has the capability to award physical custody to one or both parents. Physical custody establishes exactly where the child will definitely live, and it’s also most typical for the children to spend most of their time with one parent.
The parent who does not have primary physical custody is usually granted secondary physical custody or visitation rights.
It is most common for the non-custodial parent to obtain specific periods of time composed of alternating weekends, one evening per night and one-half of the children’s school vacations.
In some cases, the parents agree with fair secondary physical custody or visitation rights, which show that the parents agree on the times when the non-custodial parent will have the children.
When I have custody of our children, may I move with them to another metropolitan area?
In some cases, a judge will issue orders stopping either parent from changing the home of the children from the specific geographical area.
Locally, it isn’t uncommon for a judge to restrain the parents from taking out the home of the children from nearby counties. Such orders are typical where both parents have a considerable amount of time with the children, and removing them from the metropolitan area would be bothersome to the children, and their own development.
Over the last ten years, state courts have already been handling the right of a custodial parent to go together with the kids to a different metropolitan area or out of state. Under the new rule, the custodial parent usually gets the right to determine where the children are to reside, so long as he/she is not moving simply to deny the other parent access to the kids.
