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Certified Family Law Specialist in Orange County
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Child Custody

Irvine Child Custody Lawyer

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 fights to preserve and protect her client's best interests. She has successfully represented clients in countless child custody matters in Irvine.

At The Neshanian Law Firm, Inc, we believe in providing personalized representation. When you work with us, our team will review your matter's circumstances, discuss your objectives, and provide in-depth case analysis and various legal strategies. We can educate you concerning your choices, including the pros and cons of each, and ensure that you have the information needed to make intelligent decisions.

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.

Judges may grant sole legal custody upon a showing of good cause that sharing legal custody would be against the children's best interests.

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.

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 encourage 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.

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.

Understanding Different Types of Child Custody

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.

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).
  • 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.
  • Joint Custody: This arrangement allows both parents to share custody responsibilities, providing the child with access to both parents and a balanced upbringing.
  • Sole Custody: In this situation, one parent has full custody rights, with limited or no rights for the other parent. This is typically granted in cases where the other parent is deemed unfit.

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. 

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.

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 prior to 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 theatrical and traumatizing for a child, so it may be considered whether or not such a significant change may be helpful or harmful for the child’s well-being.

Does It Matter Who Files for Custody First in California?

No, it does not matter who files for custody first in California. The court will consider all of the factors involved in the case, including the child's wishes, the parents' parenting abilities, and the stability of the parent's homes when making a custody decision.

The California court will not favor the parent who files first. Instead, the court will decide based on what is in the child's best interests.

It is crucial to speak with an experienced Irvine family law attorney. An Irvine lawyer can help you understand your rights and legal options and can represent you in court in California.

Commonly 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.

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.

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.

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.

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.

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. 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.