Newport Beach Child Custody Attorney

How to Get Custody or Visitation in Orange County

Because of the complexity and emotional difficulty of custody and visitation issues, it is highly recommended that you retain the services of a trusted and experienced Newport Beach child visitation lawyer.

At Bremer Whyte Brown & O’Meara, you will find compassionate, seasoned child custody attorneys in Newport Beach who can provide thoughtful, creative, and tactful legal solutions for your case. We are competent negotiators and experienced trial lawyers with the ability to protect your legal rights as a parent and help ensure that your child’s best interests are served when it comes to custody or visitation.

Understanding California's Child Custody Laws

Custody and child visitation rights can cause tremendous upheaval in the lives of divorcing parents and their children. The opposing parties may become very combative and require the courts to make a ruling based on the individual needs of the children. Courts will always seek to determine what is in the best interests of the child.

If you and your spouse cannot agree on a parenting arrangement or visitation rights, then the courts will make that decision for you. That is why our child custody lawyers strive for compromise whenever possible. However, if the other parent isn't willing to work together, we will tirelessly advocate for you.

Different Types of Child Custody in California

California's laws on child custody typically entail these types of child custody arrangements: 

Legal custody refers to who makes legal decisions for the child. Physical custody deals with where and with whom the child mainly lives. With this in mind, let's break down the types of child custody in California:

• Joint Legal Custody (Cal. Fam. Code § 3003): Joint legal custody means that both parents share the right to make decisions relating to the welfare of a child.
• Sole Legal Custody (Cal. Fam. Code § 3006): Sole legal custody means that one parent has the responsibility and right to make decisions relating to the welfare of a child.
• Joint Physical Custody (Cal. Fam. Code § 3004): Joint physical custody means that the child will reside with each parent for significant periods of time. Although time may not be divided equally, each parent will share physical custody of the child.
• Sole Physical Custody (Cal. Fam. Code § 3007): Sole physical custody is when a child resides with one parent (custodial parent), while the other parent may have visitation rights.

Is 50/50 Custody an Option for Fathers in California?

Child custody laws in California do not require 50/50 custody. Joint physical custody is generally similar to a 50/50 custody plan. As long as each parent has substantial periods with the child, joint physical custody is appropriate.

Factors Influencing Child Custody Decisions in California

In order for the court to make custody orders on whether a parent will have joint or sole custody, it must consider “the best interest of the child" and ensure that any custody orders comply with this standard. The custody order must also accomplish the public policy of encouraging frequent and continuing contact with each parent.

Under the Family Code, the best interests of a child refer to the child’s health, safety, and welfare. These factors are arbitrary, and consideration of the same depends on the child’s individual circumstances. Some secondary factors used to determine whether a proposed custody order is in the best interest of a child include whether domestic violence is present in the home, a child’s relationship with the parents, siblings, and other family members, whether either parent uses controlled substances or alcohol, etc.

When determining who gets custody of a child, a judge may consider:

• The child’s age
• The child’s health
• Each parent's relationship with the child
• Each parent's demonstrated involvement in the child's life
• Each parent's living situation and ability to care for the child
• The child's ties to their school and local community
• Any history of substance abuse or domestic violence

Courts cannot lean toward custody for one parent or the other based on their sex. Visitation rights may be granted to non-custodial parents based on the unique circumstances of each case and the child's best interests.

Custody Considerations: Mothers vs. Fathers in California

California is neither a "mother state" or a "father state" in that the court is unbiased toward either parent when making custody decisions. Whether you are a mother or a father, you need a Newport Beach child custody lawyer who knows your rights and how to fight for them.

Challenges Fathers Face in Pursuing Full Custody in California

As a father, it is typically an uphill battle to seek full custody in California of your children. It is necessary to show that it is not in your children's best interests to live with their mother at least a portion of the time.

Get in touch with our child custody lawyers and visitation lawyers at Bremer Whyte Brown & O'Meara!

Consult with a Newport Beach Child Custody Attorney Today

Whether your case involves the establishment of visitation rights, temporary custody pending divorce, a request to modify physical custody, or a post-divorce parenting plan, Bremer Whyte Brown & O’Meara can help.

Our Newport Beach child custody attorneys have an established track record of resolving difficult family law matters. With the legal acumen and resources of our child custody lawyers, you will have the peace of mind and support you need during this critical juncture.