Newport Beach Child Custody Lawyer

Newport Beach Child Custody Attorney

Many parents prioritize their children over all else. Though this is generally a good thing, it can make child custody and visitation negotiations particularly emotional and challenging. Few parents want to sacrifice the precious time they get to spend with their children. An experienced Newport Beach child custody lawyer is an essential resource if you are preparing for any type of custody dispute.

Whether you are facing a divorce or need to get an official custody agreement from the courts, it is essential to understand the basics of child custody negotiations before you begin the process. This can help you to better prepare for what will happen and give you the opportunity to make informed decisions about your children and their future.

No matter your circumstances, hiring a qualified family attorney can be very helpful for your child custody determination process. The custody attorneys at Quinn & Dworakowski, LLP are highly trained and here to support you throughout your child custody negotiations in Newport Beach, CA.

Quinn & Dworakowski, LLP: Top Newport Beach Family Law and Child Custody Lawyers

As you navigate custody negotiations, having an attorney with significant experience and a good track record in cases like yours can make all the difference. Our team at Quinn & Dworakowski, LLP, has been seeing clients for many years, making us an experienced option for your Newport Beach child custody claim. We have seen a variety of situations and circumstances, and we feel confident that we have the training to properly navigate your child custody case to a positive outcome.

We are ruthless in our pursuit of justice in the family law sector. We know how important family is for most people, so we put a significant amount of time, effort, and tenacity into each client. You can trust us during this vulnerable time in your life. We are here to help protect your interests and your future.

Look no further than our experienced attorneys if you are facing a California child custody case. Quinn & Dworakowski, LLP offers high-quality family law and child custody representation in Newport Beach.

What Is Child Custody?

Though many people understand the basic idea of child custody, it is more complicated than it seems. The law has strict rules and guidelines surrounding child custody agreements. Both parents will need to produce extensive documentation in a custody dispute, covering parental involvement in the child’s life, education, medical records, and any history of abuse.

The law separates child custody into two categories: physical and legal. Physical custody is the day-to-day care and guardianship of the child. When most people think of child custody, they think of physical custody.

Legal custody refers to the ability to make decisions about the child’s lifestyle, healthcare, and other legal matters. Legal custody allows a parent to make decisions on behalf of their child. It’s common for parents to share legal custody but to have an uneven split of physical custody. Physical custody is primarily decided based on the child’s needs and everyday schedule.

Though many parents have both physical and legal custody, some do not. A parent may have some physical custody but no legal custody. It is also possible to have legal custody without having physical custody, though this is less common than the reverse. In some cases, a parent may only have limited visitation rights and will need to follow strict rules for visits with their child.

Child custody negotiations deal with both types of custody. However, physical custody is the focus of these negotiations. Safety is the court’s top priority. The court focuses on developing a custody agreement that protects the child’s safety, serves the child’s interests, and ensures all their needs are met.

Potential Physical Custody Arrangements

There are several different physical custody arrangements that the court may grant. They include the following:

• Shared custody, in which each parent spends equal time as the child’s guardian. For example, parents may have an alternating schedule each week for time spent with their children.
• Partial custody, where one parent has guardianship over the child most of the time, but the other parent has regular custody a minority of the time. For example, one parent may have the children during the entirety of the school year, and then the children will spend summer vacations with the other parent.
• Visitation, in which one parent has nearly all the guardianship rights, but the other parent has the legal right to spend time with their children for a certain number of hours per month. Visitation can be arranged in various ways based on what the court believes is safest for the child. A parent may only be allowed to have limited supervised visitation, but these terms could change over time under certain conditions.
• Sole custody, where one parent has all guardianship over the child, and the child’s other parent has no right to see or spend time with the child. Any contact with the child is at the discretion of the custodial parent. The noncustodial parent will still be required to pay child support, even if they have no custody or visitation rights.

The law aims to have both parents be equally responsible for their child’s upbringing, which makes shared custody the ideal situation. However, if one parent cannot properly care for the child, the court will not hesitate to reduce their rights or take them away altogether.

When parents share physical custody, the court will help them decide a schedule that is mutually manageable and serves the child’s best interests. Whenever possible, and when both parents are deemed fit, the court likes to see a child have as close to equal access to both of their parents as possible.

A joint custody agreement could entail switching custody every few days on a rotating basis. The court may also dictate that the child will spend Mother’s Day with their mother, Father’s Day with their father, and alternate other holidays as fairly as possible. Most joint custody agreements will also include stipulations for vacations and modify physical custody schedules based on the child’s school schedule.

Considerations When Granting Custody

The court looks at a number of factors when they determine child custody. Though their priority is the child’s safety, many circumstances contribute to this. To ensure safety, the court will look at the following for each parent:

• Income
• Housing situation
• Work schedule
• Social schedule and social circle
• Relationship to alcohol and drugs
• Criminal history
• Relationship with the child

Through this process, the court aims to get a sense of whether a parent can provide a safe home for the child. If the child is old enough to form an independent opinion of their own, the court may also consider the child’s desires.

The process of determining child custody in Orange County begins with an initial filing of a divorce petition or custody order, and it is possible for temporary orders to be put in place as the court deems necessary. Mediation is necessary for most child custody disputes in California. The parents must meet with a mediator and their respective attorneys to negotiate a parenting plan, and then the court will review and approve this proposal.

It’s possible for some variables to heavily influence a custody dispute. For example, if one of the parents has any history of domestic violence or child abuse of any kind, they are unlikely to obtain any significant custody rights. They could also be denied visitation or only deemed eligible for limited and supervised visitation under strict conditions.

The child’s unique needs can also influence a child custody determination. If the child has any special needs, medical concerns, or other factors, it’s possible that one parent may be better suited to account for these details than the other. This would weigh heavily in the court’s determination of custody. Psychological evaluations may be required for the child as well as the parents in some custody cases.

Child Support

Child support negotiations are closely related to child custody agreements because they are another way that a parent can contribute to their child’s upbringing. If shared custody is not possible, the parent with less custody can make up their contribution in child support payments. The court determines these payments based on both parents’ incomes, custody contributions, and the child’s needs.

A parent can have shared custody and still be responsible for child support payments. This usually happens when one parent makes significantly more money than the other. The court aims to have the income percentage each parent contributes be approximately equal, meaning that an income difference can create a discrepancy in the percentage each parent contributes.

For example, if one parent makes $100,000 per year and the other parent makes $50,000 per year, and both parents contribute $10,000 annually to their child’s upbringing through housing, clothes, and food, the first parent contributes 10% of their income while the second is contributing 20%. To even out the percentage each parent contributes, the higher-earning parent may need to pay child support to the lower-earning parent.

The court will also take the parents’ respective wealth and lifestyles into account. When both parents are high-earning individuals, the court will want to ensure the child can enjoy the benefits of the wealthy lifestyle they had while their parents were married. This is another example of how child support determinations could be complex in California and why you need an attorney to provide personalized counsel for your case.

Why Do I Need a Child Custody Attorney?

As you negotiate child custody arrangements, the court looks at many factors of your life, as listed above. If you do not have a representation of your own, these factors may be taken out of context. Your child’s other parent’s attorney may also skew the facts of your life to make you seem like an unfit parent. In doing so, they aim to earn more custody and potential child support payments for their client.

Having an attorney of your own protects your rights as a parent. A lawyer can contextualize the facts of your life and ensure that your humanity comes across in court. In doing so, a lawyer increases your likelihood of earning custody.

With both your children and your finances at stake, hiring legal representation for your child custody negotiations is crucial. Your Newport Beach child custody lawyer will also be a valuable asset if you must revisit the custody order in the future and modify it to account for recent changes in your life, your coparent’s life, or your child’s needs.

FAQs

Q: How Much Does a Custody Lawyer Cost in CA?

A: It is difficult to say how much a lawyer will cost because all attorneys charge differently. M child custody attorneys charge hourly, but their average hourly rates range from $225 to $500 per hour. You may need to pay a retainer ranging from $3,000 to $5,000. When you begin to interview potential lawyers, be sure to discuss finances with them. This ensures that you can afford your attorney for the duration of your claim.

Q: What Do Judges Look for in Child Custody Cases in California?

A: During child custody negotiations, a judge looks at several factors that may affect a child’s safety. These include a parent’s housing situation, social circle, their relationship to drugs and alcohol, and many other factors. When you have an attorney to represent you, it is much easier to put the facts of your life in context, giving you better grounds to create a child custody agreement that benefits you and your child.

Q: Is CA a 50/50 Custody State?

A: No. 50/50 custody states require that each parent spend equal amounts of time with the child to fulfill the requirements for joint custody. California simply requires that each parent has significant time with their child to qualify as joint custody. This may mean four days per week at one parent’s home and three days at the other. The times do not need to be precisely equal for parents to have joint custody.

Q: Can I Change My Child Custody Agreement?

A: Yes. If circumstances change, family law modifications allow you to change your child custody agreement. Parents may ask the courts to modify their child custody agreement for a new school or extracurricular schedule for the child, a new income or job for one of the parents, completion of rehabilitation for a parent with addiction, and relocation.

Contact Quinn & Dworakowski, LLP

Navigating child custody and visitation negotiations can be an emotional and challenging experience. Our team at Quinn & Dworakowski, LLP is here to help you with any family law issue you may face. To speak with our team of highly trained child custody attorneys, contact Quinn & Dworakowski, LLP.