Orange County Child Custody Attorney

 Lawyer in Orange County Helps in Child Custody

When spouses approach divorce, the court has jurisdiction over the divorce proceeding which includes child custody arrangements.  If the two parties have had children together while married, it is common to have the parents agree to joint guardianship over that child and the parental rights are equal.  When parents separate each parent has an equal right to custody of the child. If that is your desire and your spouse's an Orange County divorce lawyer can help to make sure that you are protected and that the proceedings declare, in legal terms, a true and equal settlement.  If you and your spouse are not in agreement as to the custody arrangements, then having the benefit of an experienced child custody attorney, like Mr. Marc E. Mitzner, may help you through what could become a complicated and exhausting process.

An Overview of Child Custody

When we speak of "Custody" what exactly does that entail? In cases of divorce and child custody, the parent with custody controls the decisions regarding the child's health care, religious education, and general education. Within the Courts there are several types of custody. Temporary custody grants custody of the child to an individual just during the separation or divorce proceedings. Exclusive custody pertains to when custody is granted to only one parent with all the custody rights -with the other parent being excluded. This exclusion may be total or it can also be that the non-custodial parent may receive supervision rights and/ or the right for supervised visitation. Joint custody, as mentioned above, grants the parents equal rights in making decisions regarding the child's upbringing.  Joint custody is awarded by the Courts to both spouses who can properly perform their duties as parents.  If one wishes to dispute a joint custody arrangement then it is the obligation of the protesting parent to sue for exclusive custody. In those proceedings, the suing parent must rebut the presumption that joint custody in the best interests of the child.  A child's custody may also be awarded to a third party, if the third party, such as the grandparent or a close relative has sought custody.

"The best interests of the child" is the deciding factor held by the Courts in any decision regarding child custody.  This encompasses considering the wishes of the children themselves, the wishes of the parents, the relationship the child may have with each parent, siblings, other persons who may have a major impact on the child's best interests, the child's comfort in his home and school, as well as the mental and physical health of all individuals involved.  Since these factors can sometimes be quite subjective, it is imperative if you are considering approaching the Courts in any matter of child custody to have a legal representative who has the knowledge and expertise to fight for your rights and the rights of your children.