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Certified Family Law Specialist in Orange County
949-577-7935
The Neshanian Law Firm, Inc. The Neshanian Law Firm, Inc.
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Child Custody

Child Custody Lawyer in Irvine

Helping Clients With Child Custody Matters in Orange County, CA

A Certified Family Law Specialist by The State Bar of California Board of Legal Specialization, Child Custody Attorney Amy Neshanian has nearly two decades of experience providing skilled legal counsel and representation to clients seeking or fighting legal or physical custody of their children. Dedicated solely to the practice of family law and divorce-related issues, Attorney Amy Neshanian advocates to preserve and protect her clients' best interests. She has successfully represented clients in countless child custody matters in Irvine. We understand the emotional challenges involved, and our firm is prepared to offer compassionate support alongside detailed legal guidance.

At The Neshanian Law Firm, Inc., we believe in providing personalized representation. When you work with us, our team will review the circumstances of your matter, discuss your objectives, and provide an in-depth case analysis along with various legal strategies. We can educate you about your choices, including the pros and cons of each, and ensure that you have the necessary information to make informed decisions. Our goal is to empower you with the knowledge necessary to confidently navigate the legal process.

When you find yourself in the center of a child custody dispute, please contact our dedicated Orange County custody attorney. Our Irvine attorney Amy Neshanian is ready to help. Call us at (949) 577-7935 today! 

Child Custody Laws in California

Under California law, there are two categories of child custody: Legal and physical. The courts favor joint legal custody, defined as both parents having the right to decide on minor children's health, education, and welfare. However, California laws concerning 50-50 custody do not necessarily mean that parents will split parenting time equally or "50-50" to be considered a joint physical custody arrangement. Understanding these distinctions is crucial for making informed decisions during custody negotiations.

Judges may grant sole legal custody upon a showing of good cause that sharing legal custody would be against the children's best interests. Each situation is unique, and the court will carefully consider all relevant factors to arrive at a decision that aligns with the child's welfare and stability.

Physical custody determines which parent will be the primary residential custodian of the children. Even in situations where the parents reside within a reasonable distance that would allow for a 50/50 parental timeshare, the court may request that the parties institute a comprehensive parenting plan. This plan serves as an essential tool in managing expectations and addressing logistical concerns.

We represent clients in a broad variety of custody matters, including:

  • Legal custody
  • Physical custody
  • Custody disputes
  • Custody settlement negotiations
  • Modification of child custody based on a change in circumstances

An experienced mediator and negotiator in Irvine, Child Custody Attorney Amy Neshanian encourages couples who can sit down with each other and their lawyers to enter into settlement negotiations to address current and potential areas of controversy and resolve their disputes by working together. These efforts often result in amicable solutions that prioritize the child's well-being.

However, suppose settlement negotiations fall through, or the parties cannot set aside their differences to fully engage in the process. In that case, Family Law Attorney Amy Neshanian is an effective litigator. She knows how to pursue the most favorable results possible in court while offering tenacious advocacy to protect your family's interests.

Understanding Different Types of Child Custody in California

When navigating child custody matters, it's essential to understand the various types of custody arrangements available in California. This knowledge can empower you to make informed decisions that best serve your child's interests. At The Neshanian Law Firm, Inc., our experienced Irvine child custody attorneys can guide you through the complexities of custody types, ensuring you choose the right path for your family. We emphasize a thorough understanding of these terms as pivotal in fostering cooperation and conflict resolution.

Here are the primary types of child custody recognized in California:

  • Legal Custody: This type gives a parent the right to make important decisions about the child's upbringing, including education, healthcare, and religious training. Legal custody can be awarded to one parent (sole legal custody) or shared between both parents (joint legal custody). Clear distinctions between these roles help prevent misunderstandings.
  • Physical Custody: This pertains to where the child lives. A parent with physical custody has the child living with them, while the other parent may have visitation rights. Like legal custody, physical custody can also be sole or joint. These arrangements can evolve based on changing circumstances.
  • Joint Custody: This arrangement allows both parents to share custody responsibilities, providing the child with access to both parents and a balanced upbringing. It encourages collaboration and communication between parents for the child's benefit.
  • Sole Custody: In this situation, one parent has full custody rights, with limited or no rights for the other parent. This is typically granted when the other parent is deemed unfit. The implications of sole custody necessitate careful consideration and robust legal counsel.

Understanding these custody types can help you communicate your needs and preferences more effectively during negotiations. Our dedicated team is here to ensure that your child's best interests are always at the forefront of any custody arrangement. We aim to minimize disruptions and provide continuity for your children during these transitions.

What Do Judges Look for in Orange County Child Custody Cases?

A judge will evaluate every child custody case by carefully looking at some critical essential factors. While a child's wishes are also important and will be considered, the judge must also consider the factors that can best help the child grow and thrive in their custody arrangement. These deliberations ensure that all decisions are made with comprehensive insight into the child's needs.

Some of the factors that a judge uses to consider custody cases:

  • The child's age
  • The child's personal preferences
  • Each parent's respective living situation
  • Each parent's relationship with the child before the divorce
  • How parents communicate with one another
  • A history of abuse, neglect, or domestic violence

Also, a judge might consider how best to keep the child's situation from changing too drastically in the interest of consistency and stability. For example, the child may feel safer and more comfortable with their living situation because it is close to their school or friends and after-school activities. There is an understanding that the time after divorce can be traumatic for a child, so it may be considered whether such a significant change may be helpful or harmful for the child's well-being. Every element of the child's environment plays a vital role in sustaining their emotional and psychological comfort during this period.

Local Considerations for Child Custody in Irvine

In Irvine and the broader Orange County area, local considerations play a crucial role in child custody arrangements. The county's focus on family-centered community initiatives can influence how courts view parental involvement and shared custody responsibilities. Judges may consider the proximity of each parent's residence to schools, extracurricular activities, and support networks as they evaluate custody plans.

Living in a community with robust child education and welfare programs, such as Irvine, offers parents access to valuable resources that can support their children's development. These aspects can be relevant in court deliberations, especially when determining the most stable environment for the child's upbringing. Understanding these local factors can help parents align their custody proposals with community expectations and judicial priorities.

Preparing for a Child Custody Mediation in Irvine

When entering child custody mediation, particularly in Irvine, preparation is key to achieving a resolution that benefits all parties involved. Parents should arrive with a clear understanding of their goals and a willingness to discuss flexible arrangements. Gathering documentation that highlights involvement in the child’s life, such as school records and communication logs, can strengthen a parent's position.

Additionally, being open to the mediation process encourages constructive dialogue, allowing both parents to articulate their concerns and propositions. By addressing potential conflicts before they arise, mediation can become a space for generating innovative solutions tailored to the child’s needs. Emphasizing the child’s well-being helps guide these discussions towards positive outcomes. Our firm is committed to supporting clients throughout mediation by offering clear guidance and strategic planning that respects all parties' perspectives.

Frequently Asked Questions

Can child custody arrangements be modified after a court decision?

Yes, child custody arrangements can be modified if there is a significant change in circumstances that affects the child's best interests. Parents may need to return to court to request modifications. These changes might include a relocation, a change in the child's needs, or shifts in parental responsibilities.

How does joint custody work in California?

Joint custody in California means that both parents share legal custody, allowing them to make decisions regarding the child's health, education, and welfare. Physical custody may be arranged in various ways, not necessarily equal time-sharing. Flexibility in joint arrangements can adapt as children grow and their needs change.

Is mediation required in child custody disputes?

While mediation is not always mandatory, California courts often encourage parents to attempt mediation to resolve custody disputes amicably before resorting to litigation. Mediation can provide a more controllable and collaborative environment for resolving issues.

What should I prepare for a child custody hearing?

For a child custody hearing, it's important to gather documentation that demonstrates your relationship with the child, your living situation, any relevant communication with the other parent, and evidence of your ability to provide a stable environment. Additionally, witness statements and expert evaluations can provide critical insights to support your position.

How do courts view a parent's work schedule in custody cases?

Courts consider a parent's work schedule when determining custody arrangements, as they assess how it impacts the parent's availability to care for the child and maintain a stable routine. Flexibility in accommodating the child's schedule and needs is a key consideration in these evaluations.

What are the advantages of joint physical custody?

Joint physical custody offers the advantage of allowing children to maintain strong relationships with both parents. This arrangement often provides a more balanced and stable environment for children, as they can benefit from the involvement of both parents in their daily lives. Moreover, it can help children feel more secure and less disrupted by divorce, knowing that both parents play active roles in their upbringing. For parents, joint custody can foster cooperative co-parenting and communication, leading to more amicable relationships over time.

How can relocation impact child custody agreements?

Relocation can significantly impact child custody agreements, particularly if it disrupts the child's established routine or the non-relocating parent's visitation schedule. Courts will carefully evaluate the reasons for relocation, how it affects the child's education, social life, and overall stability, and whether it aligns with the child's best interests. Both parents may need to negotiate a new parenting plan that accommodates the distance, ensuring that the non-relocating parent maintains meaningful contact with the child. Legal guidance is crucial in these situations to navigate the complexities and pursue a resolution that prioritizes the child's needs.

Contact Our Irvine Child Custody Attorney Today

Although our family law firm is located in Irvine, at The Neshanian Law Firm, Inc., we are pleased to offer representation to clients throughout Orange County and the surrounding communities. Our comprehensive approach involves tailoring our services strategically to address each unique client scenario. We also offer free 15-minute phone consultations.

Contact us at (949) 577-7935 for efficient, highly effective representation in Orange County, CA.

Why Choose Us for Your Family Law Needs

We're Committed to your success and satisfaction.
  • Aggressive Representation
    We are committed to protecting your families best interest & will go to court to fight for you.
  • Client Focused
    We make our clients our priority and ensure they get the personalized attention they need.
  • Certified
    Attorney Amy Neshanian is a Certified Family Law Specialist & exclusively devotes her practice to helping families.
  • Experience
    Our Attorneys have over 45 years of combined experience in handling family law matters.