Why You May Need a San Clemente Child Custody Lawyer
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.
This means a petition for divorce or paternity (unmarried) can be filed by your family law attorney.
If the parents are married, either the mother or the father’s family law attorney may file an action seeking dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children’s action.
In case the parents are unmarried, either the mothers’ or the fathers’ family law lawyer may file an action to determine the parental relationship or file the petition for custody and support of minor children.
This is typically done through an experienced family law lawyer file an Order to Show Cause. This process provides for temporary orders to be provided before a trial or judgment. You may also file an Order to Show Cause post judgment.
What can you do to help your San Clemente Child Custody Case?
You can assist greatly on this important family law process. It is possible to help maintain the cost to a minimum of your family law matter by providing the 4 basic information inputs required and necessary in all family law cases involving custody matters:
1) Your Story
One to two pages, double spaced, 12 point font. If correct, briefly explain how you have been the primary care giver. Also briefly point out any truthful improper behavior by the opposing party. Reflect on the standard 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
Talk to our firm for this Income & Expense Declaration form. Fill up this form out to the best of your ability. Be sincere. If possible find guidance from a bookkeeper or accountant.
You may use a pencil and it can be in your own handwriting, just be neat. Provide any supporting documents available, including a pay stub, tax return, and copies of other sorts of financial accounts.
After you have done the best that you can, deliver it to our firm so that we can assist in the completion of the Income and Expense Declaration form. Our family law attorneys will take a look at your declaration prior to filing in the family law court.
3) Future Custody Plan
Be sure to give to us 1 to 2 pages making clear your custody goals. Focus on what exactly is in the greatest interest of the kids. Illustrate how you would choose to exercise custody of the child or children. Give detail to the visitation schedule. Have a calendar and a map handy. Be realistic, fair, and reasonable.
The legal courts would like both parents to be active in the raising, loving and caring of children.
Always remember, children are innocent and are our nation’s potential future citizens. Children are dependent upon us for their well-being.
Don’t forget, family law courts like to keep the status quo unless there is certainly information provided that would necessitate a change to a visitation schedule.
4) Evidence
Evidence in family law matters inevitably gets to be exhibits. Exhibits are merely included in an arranged fashion into any package of court documents your family law lawyer files on your part.
Once you formally ask for something, like San Clemente child custody or child support orders, in court, it must be filed officially on your behalf by your family law attorney.
This means to simply attain any kind of document that proves whatever you mentioned or requested in items #1 – #3 above.
Bear in mind one of the best ways to ensure you will be victorious in protecting your kids is to get precise, ready, and arranged with the required proof, i.e. evidence!
Can I get joint custody of the kids?
Many states have got a joint custody law that promotes judges to give joint legal custody to parents. This means that both mom and dad have a right to make decisions related to their children such as education, treatment and religious training.
A legal court also has the capability to give physical custody to one or both parents. Physical custody establishes where the child will definitely live, and it is most typical for the children to spend most of their time with one parent.
The parent who doesn’t get primary physical custody is usually given secondary physical custody or visitation rights.
It really is most common for the non-custodial parent to obtain specified periods of time consisting of alternating weekends, one evening per night and one-half of the children’s school vacations.
In some cases, the parents agree with reasonable secondary physical custody or visitation rights, which show that the parents agree on the times when the non-custodial parent may have the children.
In the event that I have custody of our children, may I relocate with them to another city area?
In some cases, a judge will issue orders preventing both parents from changing the residence of the children from a specified geographical area.
Locally, it is not uncommon for a judge to keep the parents from taking out the residence of the children from nearby counties. These kinds of orders are common where both parents have a considerable amount of time with the children, and removing them from the metropolitan area would be disruptive to the children, and their own growth.
Throughout the last ten years, state courts have already been dealing with the right of a custodial parent to move together with the kids to a new 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, as long as he/she isn’t relocating in order to deny another parent easy access to the kids.
