Brea Child Custody Lawyer

Brea Child Custody Attorney

Navigating a child custody order in Brea, California, can be one of the most emotionally challenging aspects of a divorce or legal separation. To ensure your children are well-cared for beyond the end of your marriage, the state prioritizes their well-being. This can involve complex legal standards, court evaluations, and negotiations between the court and parents to reach a conclusion. A Brea child custody lawyer can advocate for your family’s needs.

At Moranda Law Firm, APC, we understand the stakes in these critical custody cases. To meet the moment, our team provides compassionate, strategic guidance that takes into account all of the unique details of your situation. We will work closely with you to develop custody solutions that prioritize your child’s emotional and physical well-being while also protecting your rights as a parent. We commit to being by your side every step of the way.

Understanding Legal and Physical Custody in Brea

Child custody in Brea boils down to either legal or physical custody. Legal custody refers to a parent’s right to make decisions about a child’s education, health care, and welfare. On the other hand, physical custody refers to where the child will live and who is going to provide daily care. Parents could share custody in a joint custody arrangement, or one parent may have sole custody.

Until a court order is in place, both parents have equal legal and physical custody rights. This means:

• Either parent can make decisions about schooling, healthcare, and other critical matters
• Both parents have equal rights to spend time with their child
• No parent can legally withhold the child from the other without having court involvement

For this reason, it’s important to obtain a legally binding custody arrangement. This will help to avoid confusion, conflict, or the risk of a parent acting unlawfully.

The Role of the Court in Protecting Children

All child custody cases across California are deeply focused on prioritizing the interests of the children involved. This includes evaluating the safety, stability, and emotional health of each parent’s home environment when they are on their own. In cases where there have been questions raised about a history of neglect or abuse, the stakes become even higher.

In 2020, California reported that 43.5% of children per 1,000 were either abused or neglected. With almost 9 million children aged 0-17 across the state in 2020, that’s roughly 391,546 children in California. These numbers highlight why courts may involve Child Protective Services and, in some situations, temporarily remove children from an unsafe environment if someone reports a suspicion that they may be in danger.

If this happens and a child enters foster care due to safety concerns:

• A review hearing is held six months after the initial dispositional hearing.
• This hearing must happen no later than 12 months after the child enters foster care to ensure their needs are being monitored and addressed promptly.

However, if only one parent is accused of abuse, the courts may issue the other parent to temporarily have sole custody until an official custody order can be agreed on.

Factors to Consider in Custody Decisions

Judges will evaluate what a child needs over the convenience of the parents. However, they will also ensure their decision-making doesn’t violate the rights of either parent involved. When making a custody decision, they will look at a variety of factors to determine what arrangement is healthiest and most stable for a child.

This includes:

• The child’s age and health
• The emotional bond between a parent and their child
• Each parent’s ability to care for the child
• Any history of family violence or substance abuse
• The child’s ties to school, home, and community

A Brea child custody lawyer can help present a compelling case to demonstrate your ability to provide a nurturing and secure home that is worthy of custody.

FAQs

Who Wins Most Child Custody Cases?

Child custody decisions are not about one parent winning over the other. Rather, they are about what arrangements will best serve the children involved. In many cases, the courts will lean toward joint custody if both parents are capable and willing to co-parent. However, one parent could receive primary physical custody depending on stability, the child’s relationship with each parent, and caregiving history. Each outcome depends on the facts of each case.

What Is the Biggest Mistake in a Custody Battle?

One of the biggest mistakes is allowing emotions to take over and acting out in frustration. When one parent decides to speak poorly about the other in front of the child or violates a condition of their temporary custody order, this can be used as evidence in the larger hearing on the permanent custody solution. Another major misstep is failing to document your efforts to support your child’s well-being, as this can help counter allegations from your ex-spouse.

What Type of Custody Costs the Most?

Anytime a custody battle is contested, especially when one parent is seeking sole custody, it tends to be more expensive. This is purely because legal fees can add up when there are allegations of abuse, requests for psychological evaluations, or the need to bring in some expert witnesses. Joint custody agreements reached through mediation are typically less costly than lengthy court proceedings. The more conflicts to manage, the higher the costs can rise.

Can a Child Custody Order Be Changed Later?

Custody orders can be modified if there has been a significant change in circumstances. This could include a parent relocating, changes in a child’s needs, or issues with the current arrangement that are no longer working. The parent who wants to request the change must work with their lawyer to demonstrate why this is necessary and how the new proposed arrangement will benefit the child.

Brea Child Custody Lawyer

If you are facing the prospect of a custody battle in Brea and need quality legal representation, contact our firm today. At Moranda Law Firm, APC, we have been helping parents like you for years and would be honored to look at your case and identify the strongest legal strategy to help protect you and your children.