Huntington Beach Child Custody Attorney Representing Your Child’s Best Interests

Your children mean the world to you. Whether you are involved in a divorce, legal separation, or paternity action, your child’s future can often depend on the outcome of these very important cases. In fact, your own future is often intertwined with the outcome of a child custody case. Having an experienced child custody attorney on your side can make all the difference. If you’re located in Huntington Beach, Long Beach, Manhattan Beach and Murrieta, look no further than Furubotten Law, APC.

The Legal Process Of Establishing Custody

California courts are required to determine what child custody arrangements are in the best interests of the children. Child custody cases are not decided based on what a parent wants or needs. However, the courts do encourage the parents to agree on a parenting plan. If the parents do agree on a parenting plan, the child custody agreement must also be approved and signed by a judge. If the parents cannot agree on a child custody parenting plan, the judge can make an immediate decision but will usually refer the parents to a mediator. The parents can hire a private mediator, but many choose to go through Family Court Services, which will arrange mediation of the dispute between the parties.

After mediation, the parties will either agree and go back to court for a child custody and visitation order from the judge, or they will ask the judge to make a decision. The judge can ask for a recommendation from the mediator and can also appoint a court evaluator to recommend a parenting plan for custody and visitation. The judge will consider admissible evidence from the parties and other witnesses in making a child custody decision.

Child Custody Modifications

Sometimes, things change once a child custody plan has been reached or ordered. One parent may remarry, lose a job or get a new one, or have to move hundreds of miles away. Sometimes, the other parent doesn’t “play fair” with visitation or does things that cause concern about the children’s well-being. Child custody law allows you to change an existing child custody arrangement (with good reason), but it requires a court order to change it. Once a judge has issued a custody and visitation order or approved a parenting plan, any changes to that plan must have the agreement of both parents, usually in writing. If the parents can’t agree on a change or modification to the plan, one of the parents must file a motion before the court to obtain the changes that they would like.

Frequently Asked Questions About Child Custody In California

Attorney Denise Furubotten and her team have been helping people get the answers they need since 1996. Here are answers to some of the most frequently asked questions:

What factors are considered when determining child custody in California?

When determining child custody in California, courts will take into consideration several factors. The main factor to consider is a child’s well-being. To determine a child’s well-being, courts may review each parent’s ability to provide for their child, each parent’s physical and psychological conditions, the relationship of the child to their parents and any history of family violence. Other factors can include a child’s quality of education, sibling relationships and a child’s wishes. Parents can prepare documentation ahead of a child custody arrangement.

Can parents create their own child custody plans?

Yes. If parents can create a child custody arrangement that is amicable, they can present it to a family law judge. If the judge agrees to the standards of the child custody arrangement, the arrangement could be enforced.

What if parents can’t agree on a custody plan?

Parents could fight about a child custody plan. If there is no agreement, a judge may make a final decision after hearing statements from each parent. The judge will then make a child custody order for parents to follow.

What if the other parent isn’t following the agreed custody plan?

Sometimes, an agreed-upon custody plan simply no longer fits the needs of the family. That can happen, for example, if a parent’s work schedule changes. If this is the case, parents can negotiate to alter the arrangement.

In other cases, a parent may willfully refuse to follow an agreed-upon custody plan because they simply do not want to do so. The affected parent can take steps to enforce the custody plan. An attorney can help parents learn about their rights when the other parent violates a child custody order.

Can I relocate with my child if I have primary custody in California?

Typically, when a parent wishes to move, they may do so if it does not interfere with a custody agreement. This is generally around 50 miles, but it can be less, depending on the circumstances. Any move beyond that will most certainly require the court’s approval.

How A Huntington Beach Lawyer Can Help You

Child custody cases are extremely complex and can be very stressful for the parties involved and their children. While it is tempting to avoid the costs of a family law attorney by representing yourself, most parents obtain a more favorable child custody result through attorney assistance. Denise Furubotten and her team are committed to helping clients at all stages of child custody cases. Denise offers full representation for child custody matters as well as attorney-assisted services for those who can only afford limited attorney involvement. She can consult with you, discuss the difficulties, challenges, and strengths of your case, and even prepare paperwork.

The firm has solutions for almost every budget. If you can’t afford full attorney representation, ask about Attorney Assisted Services to find out about obtaining limited services for:

  • Initial child custody and visitation agreements
  • Orders to show cause
  • Modifications for custody and visitation
  • Move-aways

Contact Furubotten Law today for a free initial consultation about your child custody case. Just call 714-400-2688 or reach out online.