Westminster Child Custody Lawyer
Westminster Child Custody Attorney
Child custody cases are often emotionally charged, especially if you are going through a contentious divorce or breakup. It can be challenging to set aside hurt feelings when determining situations like child custody and child support. A knowledgeable Westminster child custody lawyer can provide an objective perspective that bridges the parents’ needs with the best interests of your child.
It is not uncommon for parents to disagree on what is in the best interests of their child when going through a child custody case. Moranda Law Firm, APC, can gather evidence and help you present your case. With years of experience working exclusively in family law, our team is ready to support you through this potentially difficult proceeding. We are passionate about family law and can help you through not only child custody but also child support and other family law issues.
Child Custody in California
Creating a child custody plan begins with understanding the two types of child custody in California:
- Legal custody. Legal custody is the right to make important or major choices for your child. Examples of these decisions include the child’s health, welfare, safety, medical treatments, education, and childcare.
- Physical custody. Physical custody refers to the amount of time the child is physically in the care of each parent.
It is typical for parents to have joint legal custody, which means the parents must work together to reach these decisions. The decision should be made following a discussion and planning. If a parent has shown they cannot make or has not made these decisions in the best interest of their child, they may be excluded from these choices through a court order.
The parents can share joint physical custody, which means the child generally spends at least 30-35% of their time with each parent. Joint physical custody does not have to be a 50/50 split of time. The custody schedule can generally be flexible unless the parents cannot agree on a schedule, and the court must step in to create one.
Sole physical custody means the child spends most of their time with one parent, and the other parent generally has visitation rights. Visitation times with the non-custodial parent are often specified in a court order.
Factors Considered by the Court
During custody determination, the court’s primary concern is the child’s well-being. When considering the type of custody arrangement that is ideal for a child, the Westminster court will consider many factors, including:
- Safety, health, and welfare of the child
- The child’s connection to their school and community
- Amount and nature of the contact with each parent
- The ability of each parent to care for the child
- The child’s preference, depending on age and maturity
- History of physical or sexual abuse
- Continued or habitual use of illegal substances
Additionally, there are factors that cannot be used by the court when determining custody arrangements. These factors include:
- Gender identity
- Sex
- Sexual orientation
- The gender expression of the parent
Parenting Time Orders
If a parent is granted sole custody, there are four types of parenting time that can be assigned to the other parent. They are:
- With a schedule. It is often helpful for both parents to have a set schedule that outlines the dates and times of visitation. The schedule can specify special occasions such as birthdays, holidays, and vacations.
- Reasonable. Reasonable visitation schedules are open-ended and allow the parents to set their own adaptable schedule. If the parents can communicate well, this plan offers flexibility.
- Supervised. In instances where there are concerns about the child’s well-being and safety, visitation can be supervised by the custodial parent, another adult, or a professional agency. This option can also be used to allow a parent and child who have not spent much time together to rebuild their relationship.
- None. In instances during which visiting with a parent, even if supervised, would be either physically or emotionally damaging to the child, then visitation can be denied.
FAQs
Does Joint Physical Custody Mean a 50/50 Split of Time in California?
Joint physical custody does not mean an exact 50/50 split of time. Joint physical custody means that the child splits most of their time between their parents, with one parent having them no less than 30-35% of the time. Joint custody arrangements are meant to be flexible to allow the parents to create a schedule that works for both.
Is the Mother More Likely to Get Sole Custody in California?
California does not assign child custody based on the sex or gender of the parents. Instead, the court considers different factors related to the welfare and safety of the child. Across the US, mothers are more likely to be custodial parents, but the percentage of custodial fathers rose over 4% between 1994 and 2018. If you are a father seeking sole custody, it is far from impossible to achieve, especially if you work with a knowledgeable child custody lawyer.
Is There a Difference Between Legal Child Custody and Physical Child Custody?
There is a difference between legal child custody and physical child custody. Legal child custody refers to the right to make important and major decisions for your child, such as choices relating to welfare, education, and medical treatments. Physical child custody refers to where the child will spend their time. Both legal and physical custody can be joint or sole.
Do I Need a Lawyer for Child Custody in California?
It is generally recommended that you seek support from an experienced child custody lawyer if you are going through a child custody case. A child custody lawyer can help you present why you believe your child custody recommendation is in the best interests of the child, as well as offer guidance on how you should proceed in your case.
Westminster Child Custody Lawyer
Roughly 21.9 million children in the US had a parent living outside of their household in 2018. This means up to one-fourth of American children split their time between parental homes. In most instances, it is recommended that there be a formal child custody arrangement to prevent miscommunications and other potential issues.
Child custody and other related family law issues, like child support and divorce, can be legally complicated and emotionally charged. In Westminster, Moranda Law Firm, APC, can help you navigate this difficult process. We can use our skills and knowledge to reach a favorable outcome for your specific situation. If you are looking for support during your child custody case, reach out to Moranda Law Firm, APC, today.
