There are no shortcuts when it comes to determining what is in the interest of a child’s welfare. The nature of complex child custody cases proves this to be true. Emotions, legalities, and long-term implications all intersect and require a deep analysis from multiple legal bodies to ensure every decision made benefits the children in the end. For the greatest chances of a child custody agreement that benefits you, you should hire an Orange County complex child custody disputes lawyer.
The lawyers at Quinn & Dworakowski, LLP, come prepared with extensive experience to represent you and your Orange County, CA children’s interests in the toughest of disputes. The issue of child custody alone can turn what would normally be an agreeable split into a contentious divorce, but by understanding the nuances of child custody disputes, newly unmarried parents can better prepare their expectations for what is to come in the process.
There are two main types of child custody: legal and physical. Legal custody is defined as the right to make important decisions about a child’s life, such as where they will receive an education, what religion to practice, and what healthcare decisions need to be made. Physical custody only refers to where the child will live during a post-divorce arrangement.
Sometimes, parents share both types of custody, while other times, one parent might have primary physical custody but still share legal custody. For example, if one parent made the decision to move across the country, the court may rule in favor of the other parent who plans to stay in the area where the children have already grown accustomed to. However, this would not take away that parent’s right to weigh in on major milestone decisions.
Visitation plays a pivotal role in custody matters by offering a tangible framework that guides how much time a non-custodial parent can spend interacting with their kids. These are decisions that need to be made when it is ruled that only one parent will move forward with physical custody. Some challenges that can arise when making a final visitation verdict include:
A: The total cost of a child custody lawyer will vary based on how complicated and contentious the case is. The attorney’s experience and where they practice will also influence the cost. On average, one could expect to pay $200-500 an hour. Sometimes, more high-profile attorneys with a strong reputation and robust marketing strategy will cost even more. Other services, like retainer fees and court costs, must also be budgeted for.
A: If one parent believes the other is unfit to share in custody, there are different pieces of compelling evidence that can be presented to help justify the decision. Any history of substance abuse or domestic violence brought to the court’s attention will be fully investigated to assess the validity of the accusation before a final custody determination is made.
Additionally, if there are any documented mental health issues or disabilities that could impact a parent’s ability to provide a safe and stable home, it could influence what form of custody they are awarded.
A: If you are looking to obtain full custody, the likelihood it is awarded in your favor will depend on the quality of your case. To win, you’ll want to spend time collecting evidence with your attorney. This could be favorable documentation of the child’s relationship with you in addition to proof of the other parent’s unfitness.
Neutral third parties who have witnessed the concerning behavior of the other parent, such as a teacher or counselor, could provide testimony that would go a long way in demonstrating their unfitness. Presenting this evidence with a family lawyer to help address any curveballs can give you a strong advantage in court.
A: Years after a custody arrangement has been agreed upon, one parent might need to relocate. This can disrupt the original agreement and require the court to intervene again. The court will consider how the move might impact the child’s welfare and what adjustments could help to reduce the burden. If there is any suspicion of malice, such as a situation where a parent might be intentionally moving to reduce the other parent’s visitation rights, the court may rule against the move.
A: There are certain circumstances when a grandparent has visitation rights. First, there needs to be evidence they have a relationship with the child. It needs to be more than just the grandchild being aware their grandparent exists. There needs to be proof there is an established bond.
This could be as simple as providing proof they stepped in and took care of the child in an instance when their parents had to be away. The court will then take this relationship history into consideration when assessing the current context of the grandparent’s petition for visitation rights.
If you need legal support for a complex child custody case, connect with the Orange County Child Custody Attorneys at Quinn & Dworakowski, LLP, today. We are dedicated to resolving custody issues that prevent a family unit from moving forward to their new future. We look forward to achieving a favorable outcome for you and your family today.
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