Child custody is often the most emotional and challenging part of a divorce. If you are facing a custody dispute, it is important to understand how decisions are made and what to expect throughout the process. At Irwin & Irwin, we focus on helping parents handle custody matters while protecting their parental rights and their child’s best interests.
Here are some important questions to ask your divorce attorney about child custody.
How Does Child Custody Work in California?
Custody in California is divided into two types:
- Legal custody – The right to make decisions about a child’s health, education, and welfare.
- Physical custody – Where the child lives and how much time they spend with each parent.
Custody can be joint (shared by both parents) or sole (one parent has primary rights). California courts generally prefer joint custody unless one parent is unfit or unable to provide a stable environment. Your attorney can explain how the law applies to your specific situation.
What Factors Do Courts Consider When Determining Custody?
California family courts focus on the best interest of the child when deciding custody arrangements. Judges consider:
- The child’s age, health, and emotional needs
- Each parent’s ability to provide care
- The child’s relationship with each parent
- Any history of domestic violence or substance abuse
- The child’s preference (if they are old enough)
An experienced attorney can help you present your case in a way that highlights your role in your child’s life.
Can I Get Full Custody?
While courts typically prefer shared custody, sole custody may be granted if one parent cannot provide a safe or stable environment. If you are seeking full custody, your attorney will need to present evidence showing that joint custody is not in your child’s best interest.
How Can I Improve My Chances of Getting the Custody Arrangement I Want?
Judges look at how involved each parent is in their child’s life. You can strengthen your case by:
- Maintaining an active role in your child’s daily routine
- Keeping records of your caregiving responsibilities
- Showing that you can provide a stable home
- Cooperating with the other parent whenever possible
Your attorney can offer specific strategies based on your circumstances.
What Happens if My Ex and I Cannot Agree on Custody?
If you and the other parent cannot reach an agreement, the court will decide for you. In California, mediation is required before a judge makes a final ruling. Your attorney can help you prepare for mediation and, if necessary, represent you in court.
How Can I Modify a Custody Order in the Future?
Custody orders are not always permanent. If circumstances change, you can request a modification. Common reasons include:
- A parent’s relocation
- Changes in work schedules
- Concerns about a child’s safety or well-being
If you need to modify a custody order, your attorney can guide you through the legal process.
How Does Child Custody Affect Child Support?
Child custody directly impacts child support. In general, the parent with primary custody receives child support from the other parent. The amount is based on income, time spent with the child, and other financial factors. Your attorney can help ensure child support is calculated fairly.
What if My Ex is Not Following the Custody Order?
If the other parent is violating the custody order, you may need to take legal action. Your attorney can help you enforce the order through the court system and protect your rights.
Can My Child Choose Which Parent to Live With?
In California, a child’s preference may be considered if they are at least 14 years old, but the court ultimately decides based on what is best for the child. Your attorney can explain how your child’s input may factor into your case.
Do I Need an Attorney for My Custody Case?
Even if you and your ex agree on custody, it is important to have an attorney review your agreement to ensure it meets legal standards. If your case is contested, having experienced legal representation can help you protect your rights and your child’s future.
Speak With a Child Custody Attorney Today
Custody disputes can be overwhelming, but you do not have to face them alone. At Irwin & Irwin, we focus exclusively on family law and have extensive experience handling complex custody cases. Contact us to schedule a consultation and learn how we can help.
