Newport Beach Interstate Child Custody Issues Lawyer

Newport Beach Interstate Custody Attorney

It is not easy to navigate any form of child custody issue. However, the traditional challenges parting couples face in Newport beach, CA when trying to plan for the future are multiplied when interstate issues come into play. By understanding what interstate issues are and how other couples have been able to overcome these scenarios with legal support, you can ensure that you put your best foot forward in the courtroom.

What Are Interstate Child Custody Issues?

An interstate custody case arises when one parent in the ending relationship plans to live in a different state from the other parent. The lack of proximity makes it more difficult to plan for child custody and visitation arrangements compared to newly divorced couples who live in the same town. The complexity also lies in the fact that there are two jurisdictions with potentially different laws that must be considered in the outcome of the case.

What Are Visitation Rights?

A visitation right is when a parent who might not have full custody of a child can operate off a pre-determined schedule where they are able to spend time with their child. This is commonly found in divorces where one parent may have been shown unfit in some areas of life to have joint custody. However, it also makes sense to incorporate it into cases suffering from interstate issues. If a child already has ties to their community and is excelling in school, it may make sense for the parent who is moving far away to have only visitation rights. For example, the child may spend summer vacations with a parent who lives far away but then return to their hometown to attend school. These rights are determined after a close examination by the courts to assess what arrangement will be the largest benefit to the child.

What Are the Most Common Interstate Child Custody Arrangements Issues?

Parents encountering interstate issues in their divorce case likely fall within one of the following categories:

• Jurisdiction disputes. Trying to figure out what jurisdiction will take precedence or if both states will take part in the decision-making process is exhausting. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) can provide clarity to solve these matters.
• Child support. A case can be delayed while it is determined that an agreed-upon child support arrangement will work in both states where the parents reside. Once child support goes into effect, special attention must be made to enforce the payments.
• Sometimes the parent who is moving to the other state wants to take the child with them. If the other parent wants to remain where they currently are rather than follow the other parent to that state, an added layer of complexity is presented. This is where a visitation arrangement may be able to help.
• Modifications to existing orders. Sometimes a few years after parents split and are operating off an original custody order, they may want to revisit the terms and make changes. This could be because they want to move to an entirely new state or perhaps want to move back home to have a more active role in the child’s life rather than a visitation schedule. Modifications are possible, but only with court approval and a family law attorney driving the process to ensure legal compliance.

FAQs

Q: How Much Does a Child Custody Lawyer Cost in California?

A: Most people want to Google and find the exact dollar amount they would spend on a child custody and family lawyer, but there are too many factors that could influence cost to give a universal answer. For example, if you and your ex-spouse are completely unaligned on what custody arrangement would work for the children, the sheer length of time it takes to resolve will drive up the cost. Keep in mind that some attorneys charge by the hour, while others prefer an upfront retainer that they can pull funds from until their job is done. Be sure to sit with your attorney early in the process and make sure that you understand the possible costs and can afford to pay the attorney.

Q: Can a Father Get 50/50 Custody?

A: Yes, both a father and mother could get 50/50 custody. Gender alone does not dictate the future of your family unit. The focus will always remain on what values the child the most without adding to an already disruptive life event. The joint 50/50 arrangement is what most parents typically strive for in a situation where both are still fit parents; they just no longer are a fit for each other in the same household.

Q: Can You Get a Court-Appointed Attorney for Child Custody?

A: Civil matters, for example, an interstate child custody case, are not typically supported by a court-appointed attorney. Those are more commonly seen in criminal matters. However, if you are a low-income individual looking for financial assistance, speak with your local family law attorney. Sometimes a creative payment plan or being connected with a third-party vendor could make the difference in how comfortable you are paying for legal services.

Q: How Do I Sue for Custody of My Child?

A: If you are interested in suing for child custody, the first step is to connect with child custody attorneys. They will start by gathering all the essential legal documentation and working with you to make sure the forms are complete and compliant. They can serve the papers to notify the other party of the custody case. Mediation could be the next step if the court suggests that as an alternative dispute method. If unsuccessful, the attorney can help you prepare for court and present your argument as to why you sued in the first place. While there is no guaranteed outcome, you are more likely to achieve the results you desire with informed legal representation.

Contact Quinn Dworakowski Family Law Attorneys Today

The success of your case is only as strong as your legal representation. If you are facing interstate issues, among other child custody matters, contact Quinn Dworakowski Family Law Attorneys today. We have a ton of experience to leverage that will guide you throughout the process. We look forward to learning more about your family and how we can put everyone on the right track for success in the future.