Orange County Child Custody Lawyer
Practice Areas
Orange County Child Custody Attorney
It’s very difficult to navigate divorce, especially when you have children in tow. Though there are many emotional aspects of divorcing, deciding your children’s new lifestyle is perhaps the hardest. As Orange County, CA parents, you want what’s best for your kids, but you also have to traverse your complicated feelings surrounding your ending marriage and new life. As you do this, it can be difficult to keep emotion out of the equation, in order to keep a level head about what’s truly best. This is why the court system handles family law cases and assigns legal custody during divorce. As an impartial third party, the court system is able to look at what is best for the children and keep emotion out of their ruling. An experienced Orange County Child Custody Lawyer can help you understand the legal needs of your case. At the Law Office of Stacy L. Campuzano, our attorneys simplify the process for you. Schedule a call with our experts today.
Options After Divorce
There are many different options when it comes to post-divorce co-parenting setups, and they are all designed to keep the children’s well-being at the forefront and ensure that both parents are contributing equally in some way. The law asks that both parents remain responsible for shared children, regardless of marital status or custody arrangements. An experienced Orange County child custody lawyer can help you navigate this new reality.
Orange County Shared Child Custody
Perhaps the most common arrangement is some sort of custody agreement. For some families, shared custody is the right path. This means that the two parents share equal, or close to equal amounts of time with the child. Shared custody can be arranged in many different ways, including half the week with one parent and half with the other, one week with one parent and one with the other, four days with one parent and three with the other, alternating weekends, etc. The key is that both parents are equal participants in the job of raising the child or children. Each parent is equally involved in making decisions concerning the child’s health and life.
Orange County Primary Child Custody
In some families, it is better for the children to live primarily with one parent, but still stay with the other parent sometimes. This can also look different and have many different situations. Many people opt for the children to see the non-primary parent every other weekend and some holidays. Others opt for other days of the week or other alternates. The key is that there is a primary custodial parent, but the other parent is expected to have some time with the children as well. The primary parent is also the primary decision-maker about the child’s health and life but may allow the secondary parent to weigh in and contribute depending on their presence in the child’s life.
Visitation
Visitation generally involves the children living with one parent but spending sporadic time with the other parent during scheduled times. This may be every other Saturday, Wednesday nights, or scheduled on a per-month basis. The key difference here is that the parent who has child visitation rights is not able to make any major life decisions about the child. They are involved in the child’s life but do not have any legal power over the trajectory of it.
Sole Custody
In some families, it is healthier for a child to live with one parent and not see the other parent at all. This can happen for a variety of reasons. Sometimes this is due to neglect or abuse. Other times it is simply because the non-custodial parent is not fit to help raise the children. Yet other times, the non-custodial parent is simply not interested in being involved in their child’s life. Whatever the reason, the children live with one parent and do not spend time with the other parent at all. The custodial parent makes all of the decisions concerning the child’s life.
Child Support
Child support is not mutually exclusive to any of the above options. In all situations, one parent may be required to pay child support to the other. Remember, the primary purpose of these arrangements is to ensure that both parents are contributing equitably to their child’s life. The difference between equity and equality in these situations is that equity takes into account each parent’s resources.
Orange County Child Support With Shared Custody
Equity is a major factor in determining child support when parents share custody of the child. In many cases, the equal amount of time means that both parents are contributing equally. However, this is only true if both parents make similar incomes. If one parent makes significantly more than the other, the percentage of each parent’s income that is spent on raising the children is not similar.
For example, if one parent makes $70,000 per year, and the other makes $600,000 per year, and the two share custody, they both spend the same amount per month on feeding, housing, and clothing the children. However, for the spouse making $70,000 per year, those expenses are a larger percentage of their income than the spouse who makes $600,000 per year. In a situation like this, the court may order the higher paying spouse to pay child support alongside their custody contribution.
Child Support in Other Situations
In all other scenarios, child support is a way for the non-custodial parent to contribute to the child’s life. Though their time spent with the child is not equal to the custodial parent’s, the finances ensure that both parents are contributing equally.
Obviously, the less the non-custodial parent sees the child or children, the more child support is required. In cases of primary custody, the secondary parent contributes partially with time and partially with money. In cases of sole custody or visitation, the secondary parent contributes very little in the way of time and will have to pay more child support to bridge the gap.
Should I Hire a Lawyer for Child Custody?
All parts of divorce are difficult and complicated, especially determining child custody. Though some families try to develop these agreements without the help of an attorney, it is important to note that if an agreement is made outside of the court, it cannot be enforced by the court system. For example, if you and your ex-spouse decide on your own that primary custody is appropriate, and the non-custodial parent will pay child support every month, if the secondary parent fails to pay child support on time and in the correct amount, there is nothing the courts can do to enforce your agreement. Though this arrangement saves you time and money upfront, it can only create headaches and broken promises in the long haul.
If you are going through the court system but are debating whether to hire an attorney, it is important to understand what appearing in court without legal representation will signify to the judge. Often, this gives the impression that you don’t care about the outcome of your custody case enough to hire an attorney. Usually, this translates to less custody and higher support payments for you. Even if you do care about your case, it is important to consider what a lack of attorney could signify to the court.
Lastly, it is important to remember that child custody cases are important legal contracts. The court system takes them seriously, and it is important to have someone on your side who understands the jargon and who has your very best interests at heart. Your attorney will help you to defend your side of things and ensure that your positive qualities are shown accurately in court. Your ex-spouse’s attorney could try and make you look bad to gain custody, and without an attorney to fight back, you’re nearly powerless.
How Much Does a Child Custody Lawyer Cost in California?
Child custody cases are not one size fits all. Each case is different, and therefore an attorney’s involvement will be different depending on the circumstances. Even if you are working with a child custody lawyer whom you’ve worked with before, their billing and retainer will depend on the situation and the complexity of your case. In all situations involving legal counsel, it is advisable to discuss finances with your attorney before you begin working with them. Confirm their pricing policies and fees and compare them with others in your area.
Finding an Attorney You Trust
In child custody cases, it is of the utmost importance that you hire an experienced Orange County attorney with whom you can speak openly. These cases are sensitive, emotional, and stressful, and your attorney is someone who should be a constant throughout the process. If you can’t speak freely about your situation, feelings, fears, and experiences with your attorney, you will be unlikely to win your case. Find someone who has values similar to your own, and who has a work ethic you appreciate. If you feel more comfortable talking to an attorney of a specific gender, keep that in mind when you make your search.
Contact Us
Here at The Law Office of Stacy L. Campuzano, we have been defending families for years. No matter what you are going through, we understand how emotional and frustrating family law cases can be. Though we have lots of experience in our field, we understand that the situation is new and intimidating for you, and we approach each client with patience, empathy, and understanding.
To begin building your child custody case, contact us today.
