Child Custody Attorneys in Orange County

ARE YOU A PARENT FIGHTING FOR CUSTODY OF YOUR CHILD?

Parents fighting for custody of their children during the divorce process often experience an emotional toll. Divorce causes confusion and stress to the minor children as well. The process of establishing custody is often emotionally draining, given that the outcome has a major impact on the lives of those you care for most: your children. This life impact extends to all aspects of everyone involved.  Divorce causes life changes that determine where your children live (physical custody) and who is responsible for making decisions regarding their health, safety and welfare (legal custody), along with many other factors.

There are various forms of custody that is awarded to the parties by Family Court Judges. The court can award joint legal custody to the parents, this is where both parents share the rights and responsibilities of making decisions regarding their child’s health, safety, education, religion, and welfare.  Sole legal custody, is where one parent has the right and responsibility of making decisions regarding their child’s health, safety, education, religion, and welfare without the input of the other parent.

Children are often placed in the middle of their parents acrimony.  Children involved in contested custody battles suffer from stress, depression and anxiety.  It is unfortunate, that some parents use their children as weapons during the litigation process with the intent of inflicting emotional harm on the other parent. This serves to exacerbate the emotional turmoil that parents already experience during a divorce, making hiring an experienced attorney essential in navigating the emotional rollercoaster that comes with custody litigation.

STEPS FOR FILING A REQUEST FOR ORDER FOR CHILD CUSTODY

If you find yourself embroiled in a child custody dispute after filing your Petition for Dissolution of Marriage, the next step that must be taken is to file a Request for Order for Child Custody and Visitation. It is important that you illustrate for the court why the parenting plan you are requesting is in the best interest of the children.  It is important to  have an attorney review your forms, before submitting them to the court. When your children are involved it is unwise to take shortcuts.

After your RFO has been filed, both parents will be ordered to participate in the mediation process with Family Court Services.  Mediation provides an avenue for parents to sit down and enter into an amicable agreement with the guidance of experienced trained mediators employed by the family court.  At this stage, the parents will either reach an agreement that will then be reviewed by the court and made into a court order.  If an agreement is not reached then the parties will proceed to litigate the custody and visitation issue at the scheduled court hearing date. If the case goes to court, the judge may appoint a child custody evaluator to create a custody and visitation plan, and/or a lawyer to represent the child.

Each one of these steps is critically important when fighting for custody of your child. The experienced attorneys at Yanez & Associates can help guide you through this long, difficult, and often emotionally taxing process, working alongside you to formulate a comprehensive strategy to protect the best interests of your child. A thorough strategy ensures that a methodical and thoughtful approach is taken before your court hearing or the settlement process, giving you the opportunity to obtain the best possible outcome for you and your family.

ARE YOU A SINGLE PARENT FIGHTING FOR CHILD CUSTODY?

If you are not married to your partner, you must file a Petition to Establish Parental Relationship also known as a Paternity action.  You will have the option of requesting genetic testing or waving genetic testing and agreeing that you are the parent of the child in question.  Once the court makes a finding of the existence of the parental relationship, the parent will have rights and obligations. The right to a parenting plan and bond with the child and the obligation to pay child support and obtain medical insurance etc. Hiring experienced family law attorneys will ease the stressful process. An attorney from Yanez & Associates will guide you through the process every step of the way.

DO YOU FEAR FOR THE SAFETY AND WELFARE OF YOUR CHILDREN DUE TO  DOMESTIC VIOLENCE BY YOUR SPOUSE OR PARTNER?

Divorce and custody matters are complicated even further by instances of domestic violence, it is even more essential to have a qualified and experienced legal team at your side that can take the quick action that is needed to ensure the safety of all involved. An Exparte request for domestic violence temporary restraining orders may need to be filed right away.  This is an emergency order that protects the victim and the children from the perpetrator of violence.  This process allows for you to obtain temporary child custody and child support and attorney fee orders.  Having an experienced legal team like Yanez & Associates at your side can help you seek emergency custody orders as quickly as possible at a time when every minute counts.

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