Temecula Child Custody Lawyer

Temecula Child Custody Attorney

Navigating child custody matters can be emotionally draining for parents. It’s essential to work with a Temecula child custody lawyer to help you navigate California custody laws. Your lawyer can help you understand legal terms, craft a parenting plan, and determine what’s in the best interests of your children.

An experienced child custody lawyer advocates for your parental rights and ensures your voice is heard in court. They act as a mediator between parents and aim to minimize conflict. Having a knowledgeable child custody lawyer from The Law Offices of Michelanne Hrubic on your side can ease your stress during these difficult times and ensure the most favorable possible outcome for your family.

What to Expect in a Child Custody Determination

In California, the courts must approve any custody agreement before it becomes legally binding. You can negotiate child custody aspects with the co-parent and draft a plan together, but this requires court approval.

Custody is divided into two main categories: legal custody and physical custody.

In California the legal custodian of a child determines their day-to-day welfare, particularly in the realm of education and health. One or both parents may be awarded legal custody. Courts may award:

• Sole legal custody. This involves only one parent making decisions for the child.
• Joint legal custody. In this case, both parents consult with one another to decide what is right for their children.

Physical custody simply involves the child’s living arrangements. This can also be awarded to one or both parents. Courts may arrange:

• Sole physical custody. The child would live with one parent and maintain visitation with the other parent or forfeit visitations altogether.
• Joint physical custody. Time is divided between both parents in regard to where the child lives.

Making a Case for Child Custody

Many parents aim for joint custody, meaning they share equal time and responsibilities involving their children. However, this does not always end up in a perfect 50/50 shared parenting model. The court considers each parent’s work schedule, living arrangements, income, and the child’s individual needs when determining custodial arrangements.

If you’re seeking maximum custody rights, you need to work closely with an experienced Temecula child custody lawyer to build a strong case in your favor. It’s important to demonstrate that your work schedule can accommodate your child’s needs and that your living environment is better suited to your child’s best interests than the co-parent’s. Additionally, you should consider any child support obligations.

What Happens if a Parent Moves?

When one parent moves, it can impact the child custody agreement. Under California law, any parent planning to relocate must notify the courts at least 45 days prior to the move. If you’re planning to leave the area, you’ll need a compelling argument that the move is beneficial to your children.

Moving only a short distance away may not impact the custodial agreement much or at all. However, if the move includes a longer distance from the co-parent, the non-relocating parent can contest the move.

After reviewing each parent’s evidence for the move, the court determines what they believe is truly right for the child and makes changes to the child custody arrangement if necessary. Contact our trusted family law attorneys team to protect your rights and time with your child.

What Happens if a Parent Violates a Custody Agreement?

Violating a child custody agreement in any way can result in a loss of custody rights, contempt of court charges, fines, and other penalties. This can also significantly impact your relationship with your children.

It’s imperative to follow all terms of your child custody agreement. Keep communication lines open with the co-parent in the event that unforeseen circumstances pop up and affect your side of the arrangement.

If you feel the custody agreement is unfair or harming your child in some way, a skilled Temecula child custody lawyer can help you file for a post-judgment modification with the court. In certain instances, this may be necessary for the child’s educational or medical needs.

FAQs

How Much Does a Child Custody Lawyer Cost in California?

California child custody lawyers generally charge per hour. Some also charge an upfront cost called a retainer fee. The complexity of the case affects how long it takes for the lawyer to work through the case. The per-hour fee also varies based on the location and the attorney’s legal experience. Be prepared to also pay court fees, filing fees, and the cost of expert witnesses, if necessary.

Who Pays Court Costs in Child Custody Cases?

The parent initiating the child custody case generally pays the filing fees and the attorney fees. In some cases, parents may be able to come to an agreement about who pays for these costs, or the court could order one parent to pay or order that the costs be divided based on each party’s income. If you are unable to pay, you can apply for a fee waiver in Temecula, California, but the court will need to approve it.

What Kind of Lawyer Deals With Child Custody?

A family law attorney deals with cases, such as child custody, divorce, and child support. A professional trained in family law assesses living situations, the children’s best interests, and other complex factors associated with arranging for custody and financial agreements. A family law attorney can act as a mediator with your spouse, negotiate on your behalf, and advocate for you in court hearings.

How to Countersue for Child Custody?

If you disagree with child custody arrangements in California, you can countersue for a more desirable agreement. Begin by hiring a child custody lawyer in Temecula and filing a legal petition with the counterclaim and the preferable custody arrangement. You can gather evidence to support your petition and how it is in the children’s best interests. It may be necessary to have a custody evaluation where a third party assesses the dynamics in the family and in each parent’s home life.

Get Legal Consultation for Child Custody Cases

If you’re facing a child custody dispute and are worried about your family’s future, reach out to a knowledgeable Temecula child custody lawyer. Your attorney can help you navigate the complexities of your case while giving you the peace of mind that your voice is heard in the matter.

Contact Law Offices of Michelanne Hrubic today to schedule a consultation. Let us help you navigate California law and prepare a healthy, safe future for your children.