Irvine Child Custody Lawyer
If you are going through a divorce or separation in Irvine, CA, one of the most emotionally challenging issues you might face is how to share custody of your children with your ex-spouse. You want to make sure your kids are happy, healthy, and safe, so of course you want to avoid any unnecessary conflict that could harm them.
Being parents ourselves, our Irvine family law attorneys at Kaufman Steinberg, LLP understand the weight of the issues you are dealing with. We know how much your children mean to you, and we are here to protect your parental rights and your children’s best interests. You can count on us to create a customized solution for your needs, whether you want to go for legal custody, physical custody, joint custody, or sole custody.
Contact us today to schedule a free consultation with one of our skilled and caring Irvine child custody lawyers. We will listen to your story, answer your questions, and give you an honest assessment of your case and what to expect from the court system.
Child Custody Laws in Irvine, CA
Child custody laws across the state are based on the California Family Code and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which are designed to protect the interests of the children and the rights of the parents.
There are two types of custody as per these laws: legal custody and physical custody. Legal custody means having the right to make important decisions for the children regarding their health care, education, religion, and so on. Physical custody, as the name suggests, refers to who the children will live with most of the time. Both types of custody can be shared (joint) or given to one parent (sole).
The main goal of the court in child custody cases is always to protect the best interests of the children involved. This means that the judge will look at what is best for the children’s physical and emotional well-being, and what will help them grow up in a healthy environment. Unless there is a reason to limit or restrict it, the court will always try to ensure that the children have frequent, continuing contact with both parents.
To that end, here are some factors considered by the court when making child custody determinations:
- The age, health, emotional ties, and preferences of the children
- The history of conflict or cooperation between the parents
- The ability and willingness of each parent to care for the children
- The stability of the children’s home environment
- The presence of domestic violence, substance abuse, or parental alienation
- Any other relevant factors that affect the children’s welfare
The court will also decide how to arrange parenting time (or visitation) for the non-custodial parent. Parenting time can be scheduled (with specific dates and times), reasonable (with flexible arrangements), supervised (with another adult or agency present), or withheld (in rare cases where there is a risk of harm to the children).
Also, custody orders can be modified if there is a change in circumstances or a violation of the terms. For example, if the other parent is consistently failing to stick to the visitation schedule or if there has been a substantial change in either parent’s living situation or ability to care for the child, you may have grounds to request a modification.
A Kaufman Steinberg, LLP child custody lawyer can file a request with the court to change or enforce your existing order and show why it is necessary to do so.
How Do I Get Full Custody of My Child in Irvine, CA?
Full custody means that you have both legal and physical custody of your child. You have the right and responsibility to make all the important decisions for your child and your child will live with you most of the time. Since this requires a lot of preparation and evidence to convince the court, getting full custody is not easy, but it’s possible.
To prove to the court that granting you full custody is in the best interest of your child, you have to show that you are a fit, capable parent who can provide for your child’s every need and that the other parent is unfit or unable to do so. You will also need to establish that having continuous contact with the other parent would be harmful to your little one. You can do this through the following types of evidence:
- Testimony from yourself, your child, witnesses, experts, or professionals
- Documents like school records, medical records, police reports, or court orders
- Photos or videos that show the living conditions, behavior, or interactions of the parents and the child
If you decide to go this route, the child custody lawyer team at Kaufman Steinberg, LLP can get you prepared for the court hearing, where we can help you present the evidence and answer questions from the judge.
How Long Does a Child Custody Case Take in Irvine, CA?
There is no definitive timeline for how long a child custody or child support case can take as several factors are in play, including:
- The type of custody you are seeking
- The level of cooperation or conflict between you and the other parent
- The complexity of the issues involved
- The availability of the court
If you and the other parent can agree on a parenting plan that outlines how you will share legal and physical custody of your child, as well as how you will schedule parenting time, you can file your agreement with the court and get it approved by a judge. This can take anywhere from a few weeks to a few months, depending on how quickly you can prepare and submit your paperwork.
However, if you two cannot agree on certain aspects of the custody, you may need to go through mediation or other alternative methods to try to reach an agreement. This can take several months or longer, depending on how many sessions you need and how cooperative both parties are.
In situations where you must go to an Orange County court for a child custody hearing, you will have to wait for a date to be scheduled, which can take several months or longer. Your Irvine family law attorney will also have to prepare your evidence and arguments and possibly attend other court-related events.
Depending on how many issues are contested and how much evidence is presented, the hearing itself can last from a few hours to a few days. After the hearing, the judge will issue a temporary or permanent custody order, which may take a few days or weeks to be finalized.
As you can see, there is no simple answer. That said, you can make the custody process go faster by working with the family law offices of Kaufman Steinberg LLP.
Choose a Dedicated Irvine Child Custody Lawyer to Uphold Your Children’s Best Interests
Trying to handle a custody arrangement without a legal professional by your side is fraught with risk, to say the least. Even if you feel like you know your case inside out and can meet all the court’s requirements, navigating the California family court system is no walk in the park, especially without formal legal training.
The tiniest mistake can have major consequences for your case. If the other noncustodial parent is aggressive, the physical or legal custody arrangement issues may become highly contentious.
That’s why working with an Irvine family law attorney with a record of success gives you an edge. When you are dealing with complex cases of child custody, compromises are inevitable, but having a trusted legal ally in your corner makes it much easier to face the situation confidently.
At Kaufman Steinberg, LLP our child custody attorneys will help you gather all the necessary evidence and paperwork to file with the court. We will make sure everything is complete and accurate, so the judge has all the details to make a fair decision. If you have any questions about how we represent clients in Orange County child custody and child support cases, call our family law firm at 949-757-9000 or reach out to us online.