Laguna Niguel Child Custody Lawyer

Laguna Niguel Child Custody Attorney

Child custody is a complicated and often contentious issue. Parents want to spend time with their children and ensure that they are properly cared for. Child custody orders typically involve some level of time with the other parent, and this can lead to tension and frustration. Every custody case is unique, which is why it is important that you have an experienced Laguna Niguel family lawyer representing your interests.

Whether through representing our clients as Laguna Niguel divorce lawyers or in stand-alone child custody issues, at Cianci Law, PC, we have experience with some of the most challenging child custody issues. We are able to rely on that extensive experience to develop creative solutions for our clients as we fight for your child custody goals. We do so while remaining sensitive to the emotional stress that these matters can produce.

Child Custody in Laguna Niguel

California law covering child custody provides guidelines for family courts to follow but also leaves a lot of room for the discretion of judges regarding what is appropriate. The custody that is awarded is generally divided into two different aspects:

• Physical Custody. The issues of where a child will live are matters of physical custody. This includes their primary residency, what time will be spent with each parent, how holidays will be handled, and possibly expectations regarding visitation.
• Decision-Making or Legal Custody. The other critical aspect of custody is the important decisions that parents need to make with regard to raising a child, such as education, religious, medical, and other choices. How these decisions will be made is addressed through legal custody.

The custody that is awarded in either situation may be either sole custody, where only one parent carries the responsibility, or joint custody, where the responsibility is split between the two parents. Generally, there is a preference for the courts to rule on joint custody. However, even if joint physical custody is not an option, then joint legal custody can still be awarded. Even when sole physical custody is awarded to one parent, there may still be visitation or other time given to the other parent.

How the courts decide to rule on custody is required to be based on what they believe is in a child’s best interests, given the circumstances of both parents and the needs of the child. This is the standard that is made both when the court issues a ruling and when it evaluates an agreement that the parents have made together. It is crucial that you have a lawyer who understands how the court evaluates these situations and can argue for your objectives from the perspective of how it serves the child’s welfare.

FAQs for Child Custody Attorneys

Q: What Happens if Someone Refuses to Follow the Custody Orders?

A: If someone refuses to follow custody orders, it is taken very seriously by family courts. Typically, this would involve refusal to allow the other party the visitation or other time that they are required to allow under the court orders. This will often be resolved through a petition to the courts, and it could even result in the offending party losing their custody rights.

If you have been prevented from having the time with your kids that you are due in custody orders, it is critical that you speak with a lawyer.

Q: Can Children Decide Which Parent They Want to Live With?

A: A child cannot decide which parent they want to live with if they are a minor. However, although they are not allowed to make the decision outright, it is possible that they will be allowed to express their wishes, and a judge may consider those desires. The courts are obligated to make a child custody ruling that they believe to be in the child’s best interests.

If a judge believes a child is of sufficient age and maturity, they may choose to consider the child’s wishes as part of their overall assessment of the circumstances.

Q: Are Child Custody Orders Allowed to Be Modified?

A: Child custody orders are allowed to be modified under certain circumstances. Generally, for any orders to be modified, it will first need to be shown that there has been some change in the current circumstances that warrant a modification. A petition will need to be made to the court describing how the change in circumstances requires a change in orders.

If the court believes there is reason to consider changes, then a hearing will be held. The court will only change custody orders if it can be shown that those changes will better serve the child’s best interest.

Q: Are Mothers Given Preference in Child Custody Decisions in Laguna Niguel?

A: Mothers are not given preference in child custody decisions in Laguna Niguel. Judges are not to use sex or gender as one of the criteria for determining what is in a child’s best interests.

While that may not be a direct factor, it is worth acknowledging that there may be situations where family dynamics could favor mothers. Most often, this is the case when the mother may have had more direct time with the children on a day-to-day basis, and a judge may believe that the children will benefit from the continuity that more time with the mother may provide.

Creative Family Solutions for One of the Most Important Parts of Life

One of the aspects of child custody situations that stands out most clearly is how much parents care for their children. Unfortunately, that same love of their children is also what can make child custody issues, whether part of a divorce or otherwise, particularly contentious. In these situations, it is important to work with someone who understands both the legal aspects and the emotions inherent whenever children are involved.

At Cianci Law, PC, we place an emphasis on creative family solutions. A willingness to operate outside of conventions and consider novel solutions is critical with an issue like child custody. Whether you are negotiating a child custody agreement or it will be necessary for the court to make a ruling, our emphasis is on your objectives and what approaches may help us achieve those goals. To discuss your child custody concerns and how we may be able to help, contact our offices today.