Newport Beach Child Custody Lawyer

Newport Beach Child Custody Attorney

Determining child custody arrangements requires care and sensitivity. With the help of a Newport Beach child custody lawyer from Engels-Janzen, you can help shield your children from unpleasantness, protect your rights, and make sure the best interests of your child—or children—take center stage.

What Is Child Custody in California?

There are two main areas of custody to consider in California: physical custody and legal custody. Physical custody addresses where the child lives, while legal custody refers to who makes important decisions for the child, such as their education, health, and welfare.

In most cases, both parents will share custody of the child, but sometimes, this just isn’t possible. The court will always rule based on what is in the best interest of the child, so they will make an arrangement that allows both parents to stay involved in the child’s life. However, if one parent is unfit or if there are safety concerns, the court may decide otherwise.

When deciding custody, the judge considers many things, like the child’s relationship with each parent, each parent’s ability to provide a safe home, and if the child is old enough, they might be able to let the judge know who they’d prefer to live with.

That said, the judge will make the final decision based on what they think is best for the child.

Types of Custody in California

There are a few kinds of custody in California, and each type can either be shared between parents or given entirely to just one. They are:

1. Joint Custody. This means both parents share custody of the child, either through shared decision-making or by splitting time with the child. In general, this arrangement is seen as beneficial for the child, as it allows both parents to stay actively involved in their lives. But if parents cannot work together or if the child’s safety is at risk, joint custody might not be the right choice.
2. Sole Custody. If one parent is not able to provide a safe environment for the child, the court might give sole custody to the other parent. This means the parent with sole custody has both physical and legal custody, and the other parent could have limited visitation rights—or none at all.
3. Physical Custody and Legal Custody. Physical custody decides where the child lives, while legal custody dictates who gets to make decisions for the child. It is possible to have one parent with sole legal custody but joint physical custody or vice versa.

Deciding child custody can be difficult, especially when emotions are high, but at Engels-Janzen, we take the time to listen to your situation and provide clear guidance that focuses on what is best for your child.

How Do Courts Decide Child Custody?

In California, child custody decisions are made in family court, so if you and the other parent cannot agree on custody, the court will step in and make a decision.

Here are the main steps in the process:

1. Mediation. Before a judge gets involved, most courts need both parents to attend mediation. The goal of mediation is to help the parents work together so they can come to an agreement about custody and visitation. If you both reach an agreement, it can be approved by the court.
2. Court Hearing. If mediation doesn’t work, the case then moves on to a court hearing. In court, both parents will have the chance to present their side of the story. The judge then reviews the evidence, listens to testimony, and might even consult experts like child psychologists before making a final decision.
3. Temporary Orders. If there is an immediate concern, parents can ask the court for temporary custody orders. These orders give parents a temporary arrangement for custody and visitation until the court can make a permanent decision.

At Engels-Janzen, we know this is a hard time for families, and we are committed to finding a solution that works for you and your child. Whether we are helping you with negotiations, mediation, or representing you in court, we are here to protect your rights and help you get the most favorable solution for your family.

FAQs

What Happens If One Parent Doesn’t Follow the Custody Agreement?

There are legal consequences involved for parents who do not follow their child custody order. The other parent has every right to file a motion with the court asking for enforcement of the order, and if necessary, the court might change the custody arrangement or even impose penalties. At Engels-Janzen, we can help you enforce the custody agreement.

Can A Child Choose Which Parent to Live With?

In Newport Beach, even though children over a certain age can let the court know who they want to live with, the decision is ultimately left up to the court. This is because what the child wants and what is in their best interest might not always line up. A judge will always rule based on what’s best for the child’s welfare, health, education, and environment.

Can Grandparents Seek Custody of a Child?

It is possible for grandparents to ask for custody in California. They need to prove that it is in the child’s best interest for them to have custody, and in most cases, this is only considered if the parents are deemed unfit or unable to care for the child.

How Long Does It Take to Settle a Custody Case?

The length of time it takes to settle a custody case depends on how complicated the situation is, but if both parents agree to the terms through mediation, it might be quicker. If there is a lot of disagreement or a trial is needed, then the process could take a lengthy period.

Protect Your Rights

Child custody decisions can be some of the most difficult a parent can face, but at Engels-Janzen, we’re committed to helping you get through the process with confidence and clarity. Whether you wish to resolve a custody dispute or modify an existing arrangement, our Newport Beach child custody lawyers are here to provide the support and guidance you need.

Contact us today to schedule a consultation.