Rancho Santa Margarita Child Custody Lawyer

Rancho Santa Margarita Child Custody Attorney

Child custody can be a challenging issue. The help of a Rancho Santa Margarita child custody lawyer could be critical to ensuring that your and the child’s interests are well represented in the process. Parents usually want to maximize the opportunities that they may have to spend time with their children, but a lawyer can make the case as to why that would be better for the child.

Cianci Law, PC, is a firm with extensive experience addressing the most challenging of family law situations, including child custody issues. We understand both the legal nuances and emotional stress that’s involved in these cases. That’s why our clients can count on getting skilled legal advice from a Rancho Santa Margarita family law attorney who works through their cases with the necessary compassion and sensitivity.

Resolving Child Custody Issues

In California, the laws governing child custody treat the matter very seriously. Ultimately, though, the goal of the laws is the same as the requirement placed upon the court when making a custody decision: to serve the child’s interests. The court is required to render its judgment in custody child cases based on what it believes will best serve the child’s welfare.

For parents who are trying to figure out a custody arrangement, there are two primary ways that the situation will ultimately be resolved. One is to reach an agreement regarding how custody will be decided. The other is for both parents to present their arguments to the court and then let a judge decide custody after hearing all pertinent information.

Generally, it’s the preference of all parties involved, including the court’s, that the parents negotiate an agreement. This could be part of a larger separation agreement during a divorce, or it may be a standalone matter. Either way, negotiating an agreement gives parents more influence on what’s decided. Courts also prefer this because the parents better understand their circumstances and, if they work together, may be able to develop a plan that serves the child better than the court would be able to.

However, whether child custody is going to be resolved through negotiating a settlement or in court, it’s critical that you have a lawyer involved to effectively represent your interests. A lawyer can help draft an agreement that will fit the expectations of the court and make the case that it serves a child’s best interests.

It’s also helpful to have a lawyer representing you in the negotiations. Our experience can benefit your case, as can our emotional distance from the situation. Because custody is a highly emotional issue, those emotions could negatively impact the negotiation process, but a lawyer can better remain calm during this emotionally trying time.

FAQs

Q: Do I Have to Have a Rancho Santa Margarita Child Custody Lawyer?

A: While you don’t have to have a Rancho Santa Margarita, California, child custody lawyer according to any legal requirements, you should have one if you want to feel comfortable that your strongest child custody argument is being presented. The knowledge, experience, and skill that a lawyer brings to the issue are critical to protecting your interests and concerns in the child custody process.

Q: Can Custody Orders Be Changed After They Are Issued?

A: Custody orders can be changed after they are issued under certain conditions. To modify custody orders, it will typically be necessary to show a significant change in circumstances and that the change in circumstances means that the prior orders no longer serve the child’s best interests. To make this case, you will need to first petition the court regarding the modifications, and a hearing will be held if the judge believes there may be a reason to consider changes.

Q: What Happens if One Parent Prevents Mandated Visitation Time?

A: If one parent prevents mandated visitation time, it could result in significant changes to the custody arrangement. Courts take not allowing the other parent their legally mandated time with children very seriously. In some cases, this could even result in the parent who was withholding their children losing custody altogether. If you are having visitation time withheld from you, it’s imperative that you speak with a lawyer quickly to discuss your options.

Q: Are Mothers Given Preferential Treatment in Child Custody Decisions?

A: Mothers are not given preferential treatment in child custody decisions. In California, child custody is to be determined based on the best interests of the child. While judges are given leeway to consider a wide variety of factors when deciding what would be in a child’s best interests, the gender or sex of a parent is not one of the factors that should impact the decision. While mothers may receive greater custody in some situations, this is the result of factors other than just their status as mothers.

Q: Can I Get Joint Custody of My Child?

A: It is possible for you to receive joint custody of your child if you are able to create an agreement with the other parent or if the court rules on a joint custody arrangement. Regardless of the type of custody arrangement, the child’s interests should always be at the forefront of the decision. An experienced child custody attorney can help you clearly present your argument for why joint custody is the ideal arrangement.

Creative Family Solutions to Address Your Child Custody Concerns

Some of the most intense issues in family law are those related to child custody. Even on their own, they can turn contentious, but this is especially true if custody is being decided during a divorce. In ideal situations, the parents can work together to create a plan that meets the needs of everyone involved. Unfortunately, though, parents who are separating or divorcing don’t always agree on what better serves that welfare.

Our team at Cianci Law, PC, understands the unique challenges that could be involved with a contentious issue like child custody. We have experience working on difficult child custody issues and can use that experience to develop creative options and solutions for our clients. Whether reaching a resolution through a negotiated settlement or before the court, we understand how to make the case for our clients’ interests.

If you have a child custody issue and are wondering how we may help, contact us today.