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Child Custody


Joint Custody and Child Support: Who Pays Who?

When parents are awarded joint custody in Orange County California divorces, child support can be tricky. The legalese and extensive negotiations can seem complex. Parents can spend a lot of time worrying about whether or not their child support order is fair and makes sense in their situation. When considering child support, it’s best to understand the underlying reasoning behind the court’s considerations. How does child support work when you have joint custody of the children? How can you be sure that once the divorce is final, your child will be provided with everything they need to be healthy and…


Do California Courts Favor Mothers in Child Custody Cases?

If you are getting divorced in California and you wonder if the California court favors mothers, you aren’t alone. Parenting, under any circumstances, is hard. When divorce arrives on the scene, followed by custody disputes, the difficulty intensifies. Parents in this situation often find a lack of legal knowledge leads to doubts and misconceptions. One of the most common misconceptions is that the court favors the mother in custody cases, but they do not. California child custody, governed by Sections 3040-3049 of the Family Code, requires judges to follow the preferred order of custody options set down by law. When…


Do California Courts Favor Fathers in Child Custody Cases?

If you are getting divorced in California and you wonder if fathers are favored in California child custody cases, the answer is no. Statistically speaking, when courts do not favor a father in child custody cases, it is not because of their gender, but rather because the other parent was the primary caregiver of the child during the marriage. For instance, if the wife was a stay-at-home mother, and the husband worked full time, the court will consider the situation from the child’s perspective. The same holds true if the parents were never married and the mother was acting as…


Do Significant Differences in Parental Incomes Affect Child Custody?

Many California parents facing divorce fear losing custody of their children. In some cases, the fear is warranted. In other cases, it is not. One concern that is more urban myth than anything else is that the court will award custody to the parent with a higher income. A significant difference in parental incomes is not a factor considered by the court when deciding on child custody.  How Can Significant Differences in Parental Incomes Affect a Divorce?  When parties facing divorce have significantly disparate incomes, the party with the lower income may fear this will hurt their chances due to…


Does the California Court Consider Siblings When Awarding Child Custody?

For many children, their relationship with their sibling is the more important and most lasting relationship they will ever develop. The essential nature of the relationship makes the question of how the court handles \ of utmost importance. What happens to the sibling relationship when the children are separated from each other due to divorce? Custody disputes often become very heated. In severe cases, under extenuating circumstances, siblings have been separated. It is commonly referred to as “split custody” even though there is not a legal reference according to California Family Code. In a “split custody” situation, each parent is…


Is the California Court More Likely to Award Mom or Dad with Child Custody?

Is the California court more likely to award child custody to the mother or the father? It’s a common question for parents facing divorce or preparing for a child custody battle. Most parents feel that maintaining a good relationship with their child after divorce is their top priority. Facing the future without a clear understanding of the law can leave parents with fear and doubt regarding their ability to create a post-divorce scenario that is acceptable. They aren’t sure what their parental rights are and have grave concerns about how the courts go about determining child custody.  Do Orange County,…


Considering the Child’s Preference in California Child Custody Cases

When a couple gets married, they don’t expect it to end in divorce, but for many, divorce becomes an eventual reality. Divorce can be hard for everyone involved, especially when there are children involved. Both parents contribute to the child’s well-being, but one parent may be the primary caregiver while the other parent is the chief financial provider. Both the caregiver and the financial provider are essential in raising a happy, healthy family. But how does the California court respond when the child in the case has a preference regarding custody? A child might prefer the idea of living with…


California Child Custody and Parents Who Are Registered Sex Offenders

The California courts assume any child living with a parent or third party who is a registered sex offender (against the children) is at significant risk. The court also believes that a child living with a parent or third party who has committed a felonious act against a minor is at substantial risk. This assumption is referred to as “prima facie” evidence. If a party has committed the above types of crime, the California court will require the convicted party to prove that the child will not be at “significant risk” in their custody. The convicted party/registered sex offender will…


California Child Custody Cases and Existing Restraining Orders

Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But the most difficult of all California child custody cases are often those that have restraining orders involved. If there is a protective order in place, do not violate the terms of the order under any circumstances. Many assume that an attempt at reconciliation or actively seeking to behave in a civil manner to the other party to de-escalate is appropriate, but they are not. Neither civil behavior or reconciliation negate…


How Long Does a Child Custody Case Take?

Are you involved in a child custody case in Orange County, California? When people are beginning their fight for child custody, they often have some questions. One of the frequently asked questions is how long they should expect the custody battle to last. They want to know the average length of a child custody court case. While there is not an easy answer to this question, there are several factors to consider to get an idea of what to should expect.  Factors that Affect the Length of Custody Battles:  Whether or Not it Takes Place in Court: Not all custody…

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