Orange County Child Custody Lawyer

Aggressive Orange County Child Custody Attorney

Our child custody attorneys at Wilkinson & Finkbeiner, LLP, represent men, women, fathers and mothers throughout Orange County with issues involving child custody and child visitation.

We devote our practice to simultaneously protecting women’s rights and men’s rights as the Family Code’s policy is to encourage frequent and continuing contact with children and both parents in accordance with the child’s best interests. Custody and visitation issues arise as the result of a marriage and divorce, paternity action where a child or children are born from a relationship outside the marriage, domestic partnership, adoption, or guardianship.  Wilkinson & Finkbeiner, LLP has represented countless mothers, fathers, grandparents, stepparents, guardians, or other non-parents in all aspects of child custody, visitation and other custodial matters.

California Custody Cases Involving Multiple States Or Countries

Wilkinson & Finkbeiner’s attorneys are experienced in multi-jurisdictional child custody cases where parents live in different states and there is a dispute over what state’s orders control, where an emergency arises or where a parent kidnaps or abducts a child and absconds to another state or country.

When any of these issues arise, the Orange County Family Court and the other state’s court are governed by the Uniform Child Custody Jurisdiction & Enforcement Act.  The purpose of the UCCJEA is to ensure parents in each state have uniform laws governing the treatment of their custody case.  In the event the United States and another country are involved in custody matters, the rules contained within the Hague Convention will likely govern the dispute.

In any multi-state custody case, it is extremely important to hire an attorney to assist you in obtaining initial child custody and visitation orders.  Facts that impact the determination of which state will ultimately make orders include where the child was conceived and born, the child’s homestate, where the child lived for the most recent six months prior to filing, which state the child has the most significant connection to the child as well as other factors.

A state court can invoke temporary emergency jurisdiction over a child custody case where a child has been abandoned or an emergency rises where the child would be subjected to domestic violence or abuse.  Temporary emergency jurisdiction will remain only until the emergency is resolved.  Thereafter, the traditional analysis will govern each case.

In the event you find yourself in a situation where another parent leaves the state of California with your child, a parent absconds or kidnaps a child and goes to another state or country, or if an emergency situation arises and temporary orders are necessary, call our attorneys to assist you with this very complicated area of the law.

The Court’s Considerations In Any Child Custody & Visitation Case

When making orders in any custody case, the Orange County Family Court considers many unique issues that are different for nearly every case.

The Court will always make orders concerning legal and physical custody of the children according to the best interests of a child.   Legal custody determines each parent’s right to make decisions concerning the health, safety and general welfare of a child.  Generally, parents share joint legal custody and have equal input concerning fundamental parenting decisions.  Sole legal custody may be appropriate if there is domestic violence in the relationship or if a parent obstructs or disagrees with simple issues concerning the health, safety or welfare of a child.

Physical custody is the term used for the parenting plan determining where the child resides on a day to day basis.  The primary custodial parent is the parent who cares for a child more than 50% of the time.  Joint physical custody means that each parent spends 50% of the child’s time in their home.  A parent with less than 50% of time with the child exercises visitation with the child.  Visitation is granted to a parent unless it is detrimental to a child.  The nature and frequency of the parenting time with the child varies in each case depending on the child’s unique needs, age, any numerous other factors.  Keep in mind that it is the Orange County family court’s goal to promote frequent and continuing contact with both parents unless circumstances dictate otherwise.

Examples of facts that will cause the family court to create a specific and detailed parenting plan include:  A parent’s use of illegal drugs or habitual use of alcohol or medicine; the presence of physical, sexual or emotional abuse; the distance between each parents home or school; the child’s education and development; each parent’s availability considering work and other obligations; physical or emotional issues concerning the child; or any other unique issue or fact that impacts a child’s home or educational environment.

Keep in mind that physical custody and a parent’s timeshare directly impacts the amount of child support paid to a parent.

Considerations In Move-Away Requests:

A parent’s request to relocate outside the County of Orange, the State of California or the United States is known as a move-away request.  In every move away request, the Court will perform a traditional best interest’s analysis. The factors governing a move-away depend slightly whether the move away request occurs in the initial case or after custody and visitation orders have been made (i.e. post-judgment).

A parent requesting a move-away or a parent attempting to prevent the relocation should at least address the following issues:

-          The child’s stability and continuity of the current custody arrangement;

-          The relocating parent’s level of attachment to the child;

-          The distance of the relocation;

-          The financial impact on each parent;

-          The child’s age;

-          The child’s relationship with both parents;

-          The relationship between the parents;

-          The child’s wishes (if appropriate);

-          The reasons for the move;

-          The non-payment of support by the stay-behind parent;

-          Impact on parents mental stability if permitted or denied;

-          Availability of special education and medical facilities;

-          Parental animosity; and

-          Other relevant factors.

Most move-away cases end up in a trial where each parent and possibly experts testify as to the above-mentioned facts.  Requests to relocate should be carefully considered and prepared.  Consult an attorney at Wilkinson & Finkbeiner if you find yourself involved in such a case.

When Is A Child’s Wishes Considered:

A child’s preference may be considered in a child custody or visitation case.  There is no mandatory obligation that the Orange County family court abide by the child’s wishes.  However, such input can be considered if the child is of an age where the child has the mental capacity to form an intelligent preference and can communicate such preference.  At this time there is no exact age when a child’s wishes will be considered.

For example, a child who is ten years old, mature, understands that a certain parenting plan is easier to accommodate his or her schedule may have some input as to the schedule.  To the contrary, if a 16 year old wants to stay at one parent’s home over the other because there is no curfew and he or she is allowed to engage in inappropriate behavior – despite the child’s ability to communicate their wishes such preference is no intelligent and in their best interests.

Counseling & Therapy For Children:

Generally, the Orange County family court encourages parents to use their best efforts to ensure the mental health of their child.  In high conflict child custody cases the use of a therapist or a counselor to bridge the communication gap is generally advisable.  Consult an attorney before agreeing to any court order involving therapy or counseling.

Practical Advice To Parents In Custody Cases:

In most child custody and visitation cases disputes arise in court over dates and times of visits, the frequency of contact with a parent and child, and miscommunications between the parents.  A rule of thumb is to keep a log recording the significant dates, times and transactions between each parent and child.  Keeping records or copies of communications via emails or telephone as well as gift receipts, cards and other communications is always a good idea if you believe a dispute will arise about the nature of the relationship between a parent and his or her child.

Our experienced Orange County child custody and visitation attorneys have litigated hundreds of case involving custody and visitation issues.  Our attorneys are prepared to help you navigate the numerous issues involved in any custody and visitation matter.

Our attorneys will prepare you for mediation with Family Court Services. Your knowledge of the mediation process and preparation for mediation is extremely important when working towards obtaining a custody agreement.  Our experienced attorneys will provide you with the mindset and skills necessary to make the mediation process less intimidating and more successful.

Finally, we will explain your rights and obligations, the likelihood of the outcome of each issue, and advise you on the most advisable route to a successful resolution of your matter.