Costa Mesa Visitation Attorney
Figuring Out Child's Best Interest
If you are going through a divorce or ending a long relationship, your stress level is likely at an all-time high, but if you have children, then the worries about child custody and visitation can send those worries through the roof. If you hire a Costa Mesa visitation lawyer, we will help alleviate some of that stress by providing support and lending years of experience to guide you through this difficult process.
In the United States, around 21.9 million children had a parent living outside of their home, which is close to one-quarter of children under the age of 21. Determining visitation schedules for parents who have decided to separate can be complex. Our law firm will help you navigate the law and will remain at your side as we create a visitation schedule that works for your family.
Child Custody Laws in California
The child’s health, safety, and well-being are the Costa Mesa court’s most important priorities when it comes to deciding custody. The family code applies to anyone seeking a divorce or break-up, or who is experiencing domestic abuse. California usually prioritizes the parents as the caregivers, single or not.
Child custody can be divided into two categories:
- Legal custody. This refers to the legal right to make decisions for and on behalf of the best interests of the child. Medical, religious, educational, and extracurricular activity decisions fall under this category.
- Physical custody. This category refers to where the child lives, which could be in one or both of the parents’ homes.
These can be structured in one of two ways:
- Joint custody, where both parents share legal and physical custody of the child. This is often granted when both parents are able to care for the child’s well-being and provide the healthiest option for stability because both parents receive equal time with their child. It’s possible for parents to receive joint physical custody, but only one receives legal custody.
- Sole custody, where only one parent or caregiver has the legal and physical custody of the child. This is usually granted because one parent is seen as unfit to care for the child. If appropriate, the court will grant them visitation. In the United States, the Census Bureau estimates that there are 9 million single parents.
- Split custody, where children are split between the parents. This option is not ideal because it splits up the siblings and isn’t usually favored by the court.
Child’s Interest Laws in California
Because nearly half of all marriages will end in a divorce, and divorce can have such a significant impact on children, it’s important to think about how to properly support them. When considering all of the above options, the child’s best interest is of utmost priority. The court will often consider:
- Health, safety, and welfare of the child
- History of abuse by either a parent or other caregiver
- Blood relation
- Birth parents
- Wishes of the other parent
- Relationship with the parent or caregiver
- The need to maintain a stable environment for the child
In order to determine custody, the court will often look at how the child is looked after, including hygiene, nutrition, clean clothes, healthcare needs, extracurricular activities, and education. Unlike what most people believe, mothers are not preferred over fathers. The court makes its decision based on the evidence of care.
How Is Visitation Decided?
If a parent isn’t granted legal or physical custody, then the court may grant reasonable visitation when it’s seen to be in the best interest of the child. A judge will grant reasonable visitation, also called parenting time, to anyone who has an active interest in the welfare of the child. In deciding whether to grant visitation, the court will consider:
- The child’s health and age
- The child’s emotional connection to their parent
- The child’s tie to school, home, and their community
- Any history of violence on the part of the parent
- The parent’s regular abuse of substances
Our Costa Mesa law firm will guide you through this process and can help fight for your rights to visitation.
Four Types of Visitations
California offers four types of visitations:
- Scheduled visitation can provide a stable framework and expectation for both the child and the parents. It will schedule specific dates, including holidays, weekends, and special occasions like birthdays.
- Reasonable visitation allows the parents to work out their own schedules. In this situation, parents must have a good enough relationship to be able to communicate with one another. If you think you and your ex-partner won’t be able to work together, inform the court, and they will give you a scheduled visitation.
- Supervised visitations are either supervised by you, another adult, or an agency. These types of visits exist for one or more of the following circumstances:
- The child’s safety is in question due to abuse allegations.
- The parent and child don’t know each other well.
- The parent has substance abuse or mental health concerns.
- No visitation is given if the parent is seen to be unsafe for the child, even under supervised conditions.
Should you and your ex-partner need assistance deciding which type of visitation will work for your family, our visitation lawyers can help. After we come up with an acceptable proposal, the Costa Mesa court on Harbor Blvd. will make the final decision.
What a Costa Mesa Visitation Lawyer Can Do for You
The team at Offices of Lisa R. McCall, APC, in Santa Ana has over twenty years of experience as a Costa Mesa visitation lawyer. The decisions that are made for your child will affect them for the rest of their life, and you deserve to have representation that understands this and will work for you. We understand the ins and outs of family law, and our law firm will use our combined experience to ensure your voice is heard. Contact us today to schedule a consultation.