Whether you are about to go through a divorce or were never married and are now in a dispute with your former partner, child custody is one of the most stressful family law issues you can face. It is highly recommended that you speak with a Costa Mesa child custody lawyer if you are involved in a child custody case. At Engels-Janzen, we understand that the well-being of your children is your highest priority. It’s our priority as well.
Utilizing more than 15 years of combined legal experience, we work tirelessly to advocate for your children’s best interests and to protect your relationship with them. The legal team at Engels-Janzen serves communities in Los Angeles and Orange Counties through compassionate and dedicated representation in various family law matters.
Child custody is one of the most important aspects of family law and one of the most personal issues one can face during a separation. The two types of custody are legal and physical.
Legal custody is the power to make decisions about the health, safety, and welfare of the child, whereas physical custody refers to whom the child physically spends their time with. By default, each party is presumed to have 50-50 of each type of custody, so this subject is extremely important when one party should be the primary parent over the other.
The issue of child custody applies to both divorcing couples and unmarried couples. For unmarried couples, the process is called a paternity action, even though paternity may not be in question. In addition to determining where a child will spend their time, child custody decisions will also likely influence child support allocations.
Receiving a positive outcome in a child custody case is dependent on understanding the process well, following through with requirements, and avoiding making common mistakes that may challenge your child custody rights.
Some common child custody case mistakes include:
These actions, as well as demonstrating any form of abuse against a child or the other parent, may jeopardize a party’s rights in a child custody claim. Child custody disputes can get emotional. To avoid making these costly mistakes, it is wise to request the support of a qualified child custody attorney.
Visitation is one of the most crucial things to noncustodial parents. It must be taken very seriously and handled with precision and skill. The time you spend with your children is priceless, and our attorneys will advocate aggressively to maximize the amount of time allocated to you.
Has your partner ever threatened to withhold visitation as a tool to get what they want? Have you ever been threatened that you wouldn’t see your child again? You are not alone, and you don’t have to tolerate these threats or behaviors. Visitation is encouraged in California, and the parent most likely to foster ongoing and continuous visitation is the parent most likely to be the custodial parent.
When you work with our firm, we will ensure that the court is aware of your co-parent’s actions, and we will utilize this evidence to build a stronger case for preserving your custody and visitation rights.
A California child custody lawyer can vary in costs depending on where the lawyer practices and how many years they have represented clients in child custody cases. Complex child custody cases where parents are in conflict or are unable to reach an agreement may lead to protracted litigation. This may increase the total cost of a child custody lawyer.
A win in a child custody case in Costa Mesa, CA is based on the individual circumstances of the family and the two parents, not on a parent’s gender. Who receives child custody, including whom the child lives with, who can make legal decisions for the child, and what the visitation rights of each parent end up being is determined through parental agreement or through a judge based on the child’s best interest.
Judges look at factors that contribute to ensuring the well-being of the child or children involved. They assess the living situation of the parents and the ties that a child has to a particular community. They also assess the emotional and time commitment that each parent has shown towards the child. Judges also consider whether the child needs special health care support and if either of the parents has a history of substance abuse or domestic violence.
The length of a child custody case in California is not set in stone. Depending on the complexity of the case, it may take weeks, months, and even years. When two parents are in agreement on child custody, parenting time, and child support, the case may be resolved more quickly. Contested cases where parents are at odds and that involve litigation may take much longer.
The end of a marriage or relationship can be contentious. Decisions on the division of child custody and responsibilities are one of the common issues that can lead to protracted divorces and affect the welfare of the children involved. It is recommended that you seek the assistance of a family lawyer who can represent you in your child custody case.
Engels-Janzen serves clients throughout Orange and Los Angeles counties. Your choice of attorney is important, and our free initial consultations make it easy for you to decide if we are a good fit. To schedule yours, call our office in Costa Mesa at 949-269-7709 or reach out online.
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