Santa Ana Child Custody Lawyer

Do I Really Need a Lawyer for Child Custody?

Technically, it is possible to navigate a child custody determination without legal representation. However, having an experienced Santa Ana child custody lawyer on your side will make the process much easier and less stressful. Your attorney can help you maintain objectivity about the situation so you can be certain that whatever custody agreement you reach truly suits your children’s best interests.

If you do not have legal representation on your side for the child custody determination process, you run the risk of allowing a custody agreement to pass that does not actually suit your child’s best interests. A good attorney will carefully review your situation and all available material evidence to help you arrive at a fair and reasonable custody determination for your children.

Another reason why you should hire a Santa Ana child custody lawyer is the fact that an experienced attorney will have a solid network of professional contacts who may be able to assist in your case. For example, the court may need to consider expert witness testimony to determine what type of custody arrangement would suit your children’s needs the best. Your attorney can coordinate with medical experts, social workers, and other experts to assist you in creating the most compelling possible case for custody.

Who Is the Best Child Custody Lawyer in Santa Ana, California?

As you head into the divorce process, having the right attorney on your side will help you approach the situation with greater confidence. Ultimately, it’s vital to choose the attorney who inspires you the most about your situation. Take time to review your local options and choose a Santa Ana child custody lawyer with a solid reputation and the ability to provide you with responsive and accessible legal counsel throughout your proceedings.

Many people wonder whether they should hire a male or female divorce attorney to represent them. Divorce proceedings will require you to discuss personal and sensitive issues in great detail with your attorney. It is natural for men to feel more comfortable speaking about these issues with another man, and the same applies for women. Your attorney’s sex does not matter; what matters is the quality of the legal counsel they can provide as you navigate a difficult child custody case.

How Much Does a Family Law Attorney Usually Cost in Child Custody?

Legal fees are notoriously expensive, and it’s vital to have a firm idea of how much your attorney will cost for the duration of your child custody case. Most attorneys will bill their time by the hour and charge additional fees for specialized services. Find out what your attorney charges per hour and ask them how long they expect your case to take before reaching a conclusion. This should help you estimate the total cost of your legal fees.

Can My Spouse and I Privately Negotiate Custody of Our Children?

Nobody knows your children better than their parents, so shouldn’t parents get to decide custody of their children? The reality is that the family court system of California has a legal responsibility to ensure that any child custody determination made in a California family court suits the best interests of the child or children it will affect. While you and your spouse may be perfectly reasonable and capable parents, the court must still review your circumstances to ensure your child custody determination aligns with the state’s interpretation of your children’s best interests.

Many divorcing couples choose mediation and other forms of alternative dispute resolution to avoid the stress and expense of divorce litigation. Mediation offers a divorcing couple the chance to privately negotiate the terms of their divorce, including property division, alimony, and many other factors. However, a couple cannot reach any terms regarding child custody through mediation. While they may negotiate a parenting plan, they will need to submit their proposal to the Santa Ana family court for a review and final approval from a family court judge.

How Does a Judge Determine a Child Custody Case?

Every child custody determination will come down to a family court judge reviewing a privately negotiated parenting plan or ruling on child custody through the litigation process. In either case, the judge must review several important factors to determine what type of custody arrangement would suit the child’s best interests the most. A few examples of the factors that demand the judge’s consideration include:

• The income of both parents. California state law upholds that a child is legally entitled to financial support from both of their parents. A judge must evaluate each parent’s income to determine the parents’ respective ability to provide financial support, and the parents’ incomes will also determine child support.
• The availability of both parents. If one parent works close to the family home while the other is always traveling for work, the first parent can likely provide a more stable environment for raising their children.
• The criminal history of each parent. In the event one of the divorcing parents has any criminal record, especially a record of any form of child abuse or neglect, this can significantly reduce the chances of that parent obtaining any significant custody rights.
• The locations of each parent’s intended residence. When the parents split up, one will likely remain in the marital home and the other will find a new home, or the parents will sell the marital home and split the proceeds as part of their divorce. However, in many cases, family court judges prefer to disrupt children’s lives as little as possible and may allow the custodial parent to remain in the marital home while the noncustodial parent must move out. If the parents intend to live relatively close to one another in the same area, this can make joint custody more feasible for the family.
• The age, health, and mental capacity of each parent. A Santa Ana family court judge must ensure that a child’s custodial parent has the requisite level of education, sophistication, responsibility, and cognizance to raise a child safely.
• The child’s needs and preferences. If a child has a disability or medical condition that requires specific treatment, the court will typically rule in favor of granting custody to the parent who is most capable of addressing these concerns. Additionally, a family court judge may consider the wishes of the divorcing couple’s children if the children are old enough to understand the situation and can provide coherent statements regarding their preferences of where they prefer to live.

Every divorce case is unique, and these are just a few examples of some of the factors a judge might consider during a child custody determination. Divorcing parents should also remember that there are two forms of custody, and their child custody determination may not be entirely equal in both aspects, depending on the judge’s findings.

What Is Physical Custody?

A child custody determination involves two forms of custody. “Physical custody” refers to where the children spend the majority of their time. If the children live with one parent and visit their other parent every other weekend, it would be said that the first parent has primary physical custody.

Most family court judges prefer to balance physical custody between divorced parents as much as possible as long as both parents live relatively close to one another and can equally provide for their children’s basic needs. It is possible for physical custody assignments to change in the future under certain conditions.

What Is Legal Custody?

The other aspect of child custody is legal custody, or the ability to make decisions on behalf of a child. It is not uncommon for child custody determinations to result in different levels of legal custody and physical custody for the parents. For example, a judge may decree that while both parents are reasonable, capable, and competent enough to make decisions on their child’s behalf, one parent is more suitable for providing a stable living environment for the children. This could lead to 50/50 legal custody but a more imbalanced physical custody arrangement.

When parents share legal custody, they must communicate with one another and reach a mutual agreement concerning major decisions on their child’s behalf. Some parents will develop strict rules and standards for communicating such issues as part of their divorce orders.

Can I Change My Custody Agreement in the Future?

The family court system of California recognizes that life can present unexpected surprises with little to no warning, and a family may experience any number of significant events that could materially alter the terms of an existing custody agreement. If you believe that a substantial change has affected your custody agreement, or if you believe that your current custody agreement does not align with your child’s best interests, the family court system of California actually offers a legal avenue for modifying your child custody order that does not involve an overly complex appeals process.

Filing a petition for post-judgment modification is a relatively straightforward process, and your Santa Ana child custody lawyer can help. Your attorney can help you draft a compelling petition that includes the evidence that you believe proves your current custody arrangement is untenable or fails to suit your child’s best interests. The court will then set a hearing date to allow both parents a say on the matter, and a judge will decide as to whether altering the child custody agreement in question is an acceptable solution.

You must offer compelling evidence to show that a change is necessary for your custody agreement for a judge to approve your petition for modification, such as the discovery of a medical condition that requires intensive care, relocation of one of the child’s parents, or another recent life event that materially affects the terms of your current custody agreement.

Child Custody and Support

When one parent receives greater custody rights than the other, the parent with greater custody rights becomes the custodial parent. In almost every situation involving a custodial parent and a noncustodial parent, the noncustodial parent must pay child support to the custodial parent. The amount paid depends on the income of both parents and the estimated cost of their children’s basic living expenses. Your Santa Ana child custody lawyer will help you understand how your child custody determination will influence your child support terms.

Contact the Best Child Custody Attorneys in Santa Ana Today

Facing a child custody determination is never easy, but you can make the process much less stressful by choosing the right attorney to represent you throughout your proceedings. Jewels J. Jin, Esq., APC is a seasoned and compassionate Santa Ana child custody lawyer. Attorney Jin and her team can help you determine the best approach to your child custody case and provide the professional guidance you need to feel more confident about the situation.

If you have concerns about a pending child custody determination, it is crucial to secure the services of an experienced Santa Ana child custody lawyer as soon as possible. Contact us today to schedule a consultation with our team and find how we can help you with your child custody determination.