Why You Might Need an Orange County 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 Orange County 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.
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.
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 the 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 Orange County 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 Orange County 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 simply means a petition for divorce or paternity (unmarried) will be filed by your family law attorney.
In case the parents are married, either the mother or the father’s family law attorney can file an action requesting dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children’s action.
Should the parents are unmarried, either the mothers’ or the fathers’ family law attorney may file an action to establish the parental relationship or file the petition for custody and support of minor children.
This is typically accomplished by having a knowledgeable family law lawyer file an Order to Show Cause. This process allows for temporary orders to be granted before a trial or judgment. You can also file an Order to Show Cause post judgment.
Exactly what can you do to help your Orange County Child Custody Case?
It is possible to help greatly in this necessary family law process. It is possible to help keep the cost to a minimum of your family law situation by providing the 4 standard information inputs demanded and necessary in all family law cases with custody matters:
1) Your Story
One to two pages, double spaced, 12 point font. If correct, shortly explain how you have been the primary care giver. In addition quickly show 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
Ask our firm for this Income & Expense Declaration form. Fill up this form out to the best of your ability. Be truthful. When possible seek out assistance 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 at your disposal, such as a pay stub, tax return, and copies of some other financial accounts.
After you have done the best you can, send it to our firm so we can help in the completion of the Income and Expense Declaration form. Our family law attorneys will certainly take a look at your declaration prior to filing in the family law court.
3) Future Custody Plan
Please provide us with one to two pages clarifying your custody goals. Concentrate on what is in the best interest of the children. Describe the way you would want to exercise custody of your child or children. Detail the visitation schedule. Have a calendar and a map handy. Be realistic, fair, and reasonable.
The legal courts would like the two parents to get involved in the raising, loving and caring of children.
Keep in mind, kids are innocent and are our nation’s potential future citizens. Children are depending on us for their well being.
Remember, family law courts like to maintain the status quo unless there is information and facts provided that would require a change to a visitation schedule.
Evidence in family law matters in due course becomes exhibits. Exhibits are simply included in an arranged fashion into any package of court documents your family law attorney files on your behalf.
When you officially ask for something, including Orange County child custody or child support orders, in the court, it should be filed officially on your behalf by your family law attorney.
This means to simply get any kind of document that proves anything you explained or requested in items #1 – #3 above.
Bear in mind probably the greatest ways to ensure you will be victorious in protecting your kids is to become exact, ready, and arranged with the necessary proof, i.e. evidence!
May I get joint custody of the kids?
Some states possess a joint custody law that encourages judges to award joint legal custody to parents. Because of this both mom and dad have a right to make decisions regarding their children such as education, medical treatment and religious training.
The court has also the capability to grant physical custody to one or both parents. Physical custody determines where the child will definitely live, and it is most common for the children to spend most of their time with one parent.
The parent who does not have primary physical custody is typically granted secondary physical custody or visitation rights.
It really is most common for the non-custodial parent to have specific periods of time consisting of alternating weekends, one evening per night and one-half of the children’s school vacations.
In some instances, the parents agree with realistic 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 get custody of our children, may I move with them to a new city area?
Occasionally, a judge will issue orders preventing both parents from changing the home of the children from a given geographical area.
Locally, it is not uncommon for a judge to keep the parents from removing the home of the children from local 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 can be troublesome to the children, and their own growth.
Over the past ten years, state courts have been dealing with the right of a custodial parent to move together with the children 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, so long as he/she is not moving in order to refuse the other parent access to the kids.