Although we commonly associate child custody matters with divorces, there are numerous situations where the family courts may become involved in matters of child custody. Whether you are seeking child custody or specifically looking to protect your current rights, having an Orange County child custody lawyer representing you in court can greatly improve the odds of a favorable child custody determination.
At Cianci Law, PC, we are committed to understanding your goals so we can help you achieve them in court. We understand how deeply personal and critical your parental rights are, and we can use our understanding of the law and the court system to ensure that your rights are protected throughout the court process.
For loving parents, nothing is more important in their lives than their children. We understand the stress that can come when it comes to the court’s involvement in your child’s custody rights. That is why we take the time to fully understand your case before we develop a legal strategy that works to achieve your aims in court.
Whether you are a biological father seeking visitation rights with your child for the first time, a couple going through a divorce that involves children, or someone pursuing guardianship over a deserving child, we can guide you through the process and represent you in court.
In California, child custody is divided into two areas: legal and physical custody. Legal custody refers to the authority to make important decisions about the child’s life. This includes decisions regarding education, healthcare, religion, and general welfare.
Parents with legal custody must work together to make these decisions if they share joint legal custody. However, if one parent has sole legal custody, that parent has the exclusive right to make these decisions without consulting the other parent.
Physical custody determines where the child lives. In most cases, physical custody will be held jointly between the two biological parents as long as the counts deem them fit to parent. If one parent is granted sole custody, the child will reside with that parent, although the other parent may still have limited visitation rights.
There are multiple situations where the courts may become involved in a child custody matter. One would be when the biological father is not married and never married the mother. In California, mothers have automatic legal rights over children, and husbands do as well as long as they are the presumed biological father to the child. Unmarried fathers do not have automatic rights and must seek court orders in order to have enforceable visitation rights.
Guardianship is another area where someone seeks guardianship (which includes many standard parental rights) over a child. Guardianship may be granted in situations where the lawful parents are unable or unwilling to parent or where both parents are deceased.
Child custody rights are commonly established during a divorce. However, it is important to remember that the courts do not automatically become involved in child custody matters. As with other states, the family courts largely leave both parents to determine which parenting arrangements work for them the most.
As long as those agreements are in the interest of the child or children involved, the courts will largely honor them. Whatever the cause of the child custody case, the courts will consider the best interests of the child, including factors like the child’s safety, emotional well-being, stability, and the ability of each parent to provide a nurturing and supportive environment.
A: Legal fees during a child custody case in Orange County, California, are primarily determined by the hourly rate of a family law attorney and the time and resources they put into a case. Attorneys who have more years of experience often charge a higher hourly rate than less experienced child custody lawyers. Although legal fees can be considerable, hiring the right attorney can reduce the chances that you need to seek child custody modifications later on.
A: You are not required by law to have legal representation in family court, but having legal counsel can greatly improve the chances that you experience a favorable outcome in court. Self-representation could leave you exposed to pressure from opposing counsel. If you are unfamiliar with navigating the courtroom, you could fail to get your points across in court effectively.
A: You win a child custody case in California by hiring a skilled attorney who has helped clients receive favorable outcomes in child custody cases. One of the most important factors in any family law case is the quality of a client’s legal representation. By working with an experienced family law attorney, you can ensure that your rights are protected throughout the case.
A: The courts will consider the fitness of both parents when determining child custody if the parents cannot come to an agreement over child custody. Gaining sole legal and physical custody over a child is often not in any child’s best interest unless the other parent is unwilling or unable to co-parent. Having strong legal representation can improve the chances that your case is resolved on favorable terms.
Child custody cases can be complicated and highly emotional for both parties. Having experienced legal counsel can improve the chances that your child custody case is finalized in a manner that protects your access to your child. While no outcome is guaranteed, having strong legal representation can greatly improve the odds that your goals and aims are reflected in the child custody agreement.
Creative Family Solutions has many years of experience representing parents and potential guardians in child custody cases. We understand how personal and crucial your parental rights are, and we will tirelessly work to ensure that they are protected in court. Contact Cianci Law, PC today, to schedule your child custody consultation.
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