Child custody is one of the most difficult issues that parents face during a divorce or legal separation. When couples cannot agree upon a custody arrangement, it is necessary for the courts to step in. When resolving custody disputes, the court begins with the presumption that regular contact with both parents serves the best interests of the child. Unfortunately, this is not true of every family. The court does not know you, your child, or your spouse, and when the welfare of your child is at stake, it is important that you consult with attorneys who will help you demonstrate that you are the best custodial parent.
At Violet P. Woodhouse, APC in Newport Beach, serving Laguna Beach and communities throughout Southern California, our child custody lawyers have extensive experience in negotiating parenting agreements that serve the best interests of the children. We will work with you to resolve your child custody dispute by developing arrangements that satisfy the dictates of the court and that protect the health, welfare, and safety of your child or children.
Child custody laws in California begin with the primary concern for a child's health, welfare, and safety. Both parents are encouraged to share the responsibilities that raising a child entails. When child custody disputes arise, judges ideally prefer to award custody to both parents to ensure "frequent and continuing contact" between them and their children, except where joint custody may compromise the best interests of the child.
The court may award sole or joint custody to parents involved in child custody disputes. Though these two types of child custody arrangements appear to be self-explanatory, there are nuances to each that affect both the legal and physical aspects of the arrangement. Our Newport Beach child custody lawyers can explain the differences in greater detail. For now, the types of child custody arrangements are as follows:
It is not uncommon for a judge to give parents joint legal custody and sole physical custody. This means parents will share the right and responsibility to make important decisions in their child's life, but the child will reside primarily with one parent.
Visitation, or "time-share," refers to the period of time that the child spends with the parent who does not have physical custody. The judge may order the visits to be supervised by the other parent, another adult, or a professional. This occurs in cases where the child and parent are not familiar with each other and need time to get to know each other. If the judge feels that a parent may present a threat to the child's physical or emotional welfare, he or she is not required to award visitation rights.
Decisions or choices that parents with legal custody make include those involving:
Our Newport Beach child custody lawyers serving all of Orange, San Bernardino, and Riverside Counties understand the devastation parents feel when their relationships with their children are threatened by unfair custody and visitation agreements, and we work tirelessly to negotiate favorable arrangements on behalf of our clients.
In determining child custody awards, the court will consider a variety of factors to decide on what type of arrangement is in the child's best interest. The overriding factor is what arrangement ultimately ensures the child's health, safety, and welfare, and the following considerations may be weighed in making the final determination:
You can learn more about child custody, visitation rights, and related topics by visiting the California Courts Self-Help Center.
The court may modify child custody orders at any time prior to their termination if the parent requesting the modification can demonstrate that since the last order circumstances have changed so as to compromise the welfare of the child. Issues that may warrant a modification include:
At Violet P. Woodhouse, APC in Newport Beach serving Orange, San Bernardino, and Riverside Counties, our child custody lawyers will take appropriate steps to resolve disputes concerning the modification of child custody arrangements as well those pertaining to child support issues.
Move-away disputes arise when the custodial parent's relocation to another county or metropolitan area prompts a challenge by the non-custodial parent to an existing child custody order. In these situations, the non-custodial parent often bears the burden of convincing the court that the move constitutes a change in circumstance that adversely affects the best interests of the child.
The Newport Beach child custody lawyers at Violet P. Woodhouse, APC have extensive experience in resolving move-away disputes. We work with our clients to prepare effective strategies for preserving the welfare of their dependent children.
Child custody is often one of the most contentious aspects of marriage dissolution or separation, and far too often one parent takes the children without the other parent's consent or disregards the court's orders and relocates the child to a residence in another state or country. This is a very serious, and possibly criminal, matter that can have dire consequences for all involved.
In a 2001 issue of their Juvenile Justice Bulletin, the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP) explained some of the laws surrounding interstate child custody and enforcement provision.
The Hague Convention established a treaty in which member nations provide free legal assistance to U.S. citizens whose children have been abducted and taken from this country. The goal of the treaty is to facilitate a speedy return of the child. When a child is abducted from California to a Hague Convention country, the countries "shall act expeditiously in all proceedings seeking the return of a child" - according to Article 11 of the Convention.
The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) aims to deter parental child abductions and self-help recoveries ("reabductions"), and provide faster resolution to custody disputes by minimizing protracted custody litigation between states and nations. The UCCJEA establishes which state has jurisdiction to make and modify child custody and visitation orders. The UCCJEA vests this jurisdiction to the courts in the child's home state, or the state they have resided in for six consecutive months prior to the proceedings. The UCCJEA does not apply to child support cases, or set any rules for making or modifying child custody orders.
Provisions in the UCCJEA may also:
To make or modify a custody determination, the UCCJEA requires:
Personal jurisdiction over a party or child is not required. A court with personal jurisdiction over a party or child cannot adjudicate custody without a basis for exercising jurisdiction under the Act. The Act outlines four bases for initial jurisdiction - home state, significant connection, more appropriate forum, and vacuum jurisdiction.
You can learn more about the UCCJEA by reading this issue of the Juvenile Justice Bulletin or by visiting the Office of Juvenile Justice and Delinquency Prevention 's website.
Our Newport Beach child custody lawyers are committed to protecting the children involved in these serious custody matters and preserving parental rights. We work closely with clients and law enforcement to resolve these issues in a safe and timely manner.
Our firm has earned a reputation for excellence throughout Orange, Riverside, and San Bernardino Counties. Our Newport Beach child custody lawyers near Laguna Beach have extensive experience in the area of family law, and they can help obtain a favorable child custody arrangement for you. Contact Violet P. Woodhouse, APC to schedule a consultation with our knowledgeable trial attorneys.
Contact our Newport Beach firm serving Laguna Beach and all of South Orange County to consult with our experienced child custody lawyers. Our attorneys are skilled negotiators who dedicate themselves to helping clients resolve complex custody issues.
Violet P. Woodhouse, APC
Newport Beach, CA
2 Corporate Plaza
Suite 250
Newport Beach, CA 92660
Phone (949) 640-8861
Fax (949) 640-8862