Huntington Beach Child Custody Lawyer
Practice Areas
Huntington Beach Child Custody Attorney
During the divorce process, determining a child custody arrangement is one of the most arduous aspects of any marital dissolution. Both parents may want to remain in the child’s life, and determining the details of the arrangement will likely require patience and compassion – for you and your children. When you need a Huntington Beach child custody attorney, get in touch with the Law Office of Stacy L. Campuzano.
How Can the Law Office of Stacy L. Campuzano Help Me With My Child Custody Case in Huntington Beach?
While some attorneys and law offices handle cases across the legal spectrum, our practice is different. We exclusively handle family law cases in Huntington Beach and have extensive experience helping to advocate for those going through a divorce or needing assistance modifying a previous order.
When seeking a Huntington Beach child custody attorney, you want a law firm with experience and plenty of time working in the legal field. We are a proud member of the State Bar of California and have been practicing law since 1996.
How Does a Huntington Beach Court Determine Child Custody?
Unlike some legal aspects, determining child custody in Huntington Beach is not an exact process, and a judge will have latitude with decision-making during the process. Judges analyze the case, the parents, and the testimony they’ve heard to try and make a fair decision about the child’s future. Some of the elements a judge may look at include:
- The ages of the child and the parents
- The child’s ties to the local area if one parent plans on moving
- The emotional bond between the child and each parent
- The financial situation of both parents post-divorce
- Housing situation
- History of criminal activity, child abuse, or neglect
- Any siblings in either household
At the end of the trial, while a judge will have all these factors to look at, they still have the final say in the matter of child custody. Your divorce attorney can advocate for you and explain why you deserve to be in your child’s life after the divorce.
Additionally, if the child is old enough, the court may consider their feelings when determining custody. Typically, the court will want the child to be older than 14 before hearing their opinion on who to spend the most time with, but judges often talk to younger children to get an idea of how they feel about time spent with either parent.
A judge has the discretion to overrule an older child’s preference if they believe the arrangement would be against the child’s interests.
What Are the Two Types of Child Custody in California?
California separates child custody into two elements: legal and physical custody. Parents can seek joint custody in one or both of these elements.
Having legal custody of a child allows you to make decisions about their future and short-term life. This can include deciding on your child’s schooling, religion, diet, and medical needs. If parents have joint legal custody, they will both have to agree when making determinations about what a child should or shouldn’t be doing. Parents with sole legal custody will not need to consult with the other party before deciding on the child’s behalf.
Physical custody entails who a child will stay with after the divorce. Many parents seek joint custody where they have nearly equal time with the child, switching off who is in charge at predetermined times. In other instances, one parent may have the majority of the physical custody, and the other parent will only have the child on certain days.
If the court mandates sole physical custody, the other parent may still have visitation rights. These elements are something your attorney can help explain to you and negotiate for in court or during any mediation before the court date.
Can the Courts Modify a Custody Order After the Hearing?
While you will have to abide by the ruling of a court order regarding custody, they are flexible, and you can seek to change them over time. The courts understand that our lives are always changing. You may be moving away, moving closer, have a new job, or just have a monumental change in your life that necessitates changing your custody arrangement.
If you believe the court should modify your custody arrangement, you can speak to a Huntington Beach child custody attorney and ask them to petition the court to modify your arrangement. You may also just go to the other parent and ask if they would be willing to settle on a different arrangement and not involve the legal system.
What Should I Do When the Other Parent Isn’t Following the Custody Agreement?
After you’ve made a parenting plan or the court has mandated one, both parties should stick with it as much as possible. Of course, sometimes emergencies happen, and these will supersede any custody arrangement. In some instances, though, the other parent may be uncooperative and begin to ignore the agreement.
When one side unilaterally attempts to modify a custody arrangement, you need to speak with an experienced attorney. They can handle speaking with the other party to try and amend the issue, and if you can’t reach an agreement, they can petition the court to hear the case and allow you to get back to normal visitation or custody with your child.
Do I Need to Go to Court to Determine Custody?
It’s entirely possible to avoid going to court when determining a parenting plan. While you may need to submit forms and finalize the proceedings at your local courthouse, you can set up your entire divorce agreement without going in front of a judge.
The first step is to have a negotiation with your spouse about what life will look like after the divorce regarding asset distribution, support payments, and child custody. You can have this conversation with your lawyer present or try to go on your own in the initial stages. You should also treat this as a negotiation and be prepared to make concessions to the other party.
Depending on the terms you are on with your spouse and how the negotiation is going, you may be able to agree, or you may want to speak with a mediator. A mediator can act as an impartial figure in your discussion and attempt to help you arrive at a fair settlement between the two of you.
Mediation has the benefit of privacy and negotiation. When you take the matter to court, the public will get to learn about your private life. If you want to avoid this information getting out, you’ll want to try and settle things in mediation before it gets in front of a judge.
Regardless of how you choose to come to a divorce agreement, ensure you have an attorney involved who can review the terms and advise you on the ideal ways forward. If they believe you’re getting a negative offer, they may advise you to push for more during negotiation to protect your rights as a parent.
Should I Hire an Attorney When Dealing With a Family Law Issue in Huntington Beach?
While you have the legal right to handle a divorce by yourself, this isn’t advisable. Hiring an Huntington Beach attorney is the ideal way to protect your rights and to get a fair agreement after you finalize the divorce.
Family law matters are inherently emotionally charged. You’ll be very emotionally invested in the case, and this investment may cause you to make poor judgments. Your lawyer will approach your case with empathy, but they will also maintain some emotional distance from everything. This allows them to provide unbiased and objective advice about a realistic outcome of the case.
Child custody arrangements and other parts of the divorce are built on negotiations. Lawyers have negotiation training and can work with the other party on crafting a parenting plan that works for everyone. While you may not get everything exactly as you want, your lawyer will work to protect your rights and get you a fair deal.
If the case goes to court, a lawyer becomes almost a necessity. Your attorney can advocate for you in front of the judge and explain your side of the story. The other party will likely retain legal counsel, and you put yourself at a major risk by trying to represent yourself when in the courtroom.
While hiring an attorney is an extra expense, it could be the difference between getting visitation rights and being cut out of a child’s life.
The Law Office of Stacy L. Campuzano: Experienced Family Law Firm
Divorce is always a stressful time in a person’s life, and things only get more difficult when child custody is involved. Ensuring you get a fair outcome during your divorce is vital, and you don’t want to end up missing out on events in your child’s life because of an unfair parenting plan. Hiring a Huntington Beach child custody attorney gives you a better chance at an acceptable result in your case.
At the Law Office of Stacy L. Campuzano, we want to help you through your divorce or child custody battle. Contact us today to learn more about how we can help and the services we offer.
