Child Custody Attorney in Orange County

Protecting Your Relationship With Your Children

Child custody disputes are among the most emotionally intense and consequential matters handled in California family courts. The decisions made — about where your children live, who makes decisions for them, and how much time each parent spends with them — shape your family's future for years to come.

At Furubotten Law, APC, Denise Furubotten has been helping parents navigate child custody matters since 1996. She combines decades of experience with a deep understanding of California Family Code §3011 — the statutory best-interests standard that governs all custody determinations — and the specific practices of Orange County and Riverside County family courts.

Types of Child Custody in California

California recognizes two types of custody, each with two possible arrangements:

• Legal custody — the authority to make decisions about a child's health, education, and welfare. Can be sole (one parent) or joint (both parents).
• Physical custody — where the child primarily lives. Can be sole or joint, with joint physical custody typically involving a shared schedule between both homes.

California courts begin with a presumption in favor of frequent and continuing contact with both parents (Family Code §3020), unless circumstances indicate that contact with one parent would harm the child.

The Custody Determination Process

California law (Family Code §3170) requires parents who cannot agree on a parenting plan to participate in mediation through Family Court Services before a judge will make a custody determination. The mediator assesses the family situation and — in many counties including Orange County — prepares a recommendation for the court if no agreement is reached.

If mediation does not resolve the dispute, the matter proceeds to a hearing before a judge who will make a custody order based on the child's best interests, considering factors including each parent's ability to cooperate, the health and safety of the child, any history of domestic violence, and the child's relationship with each parent.

Child Custody Modifications

Existing custody orders can be modified when there has been a significant change in circumstances affecting the child's welfare — such as a parent relocating, remarrying, a change in work schedule, or concerns about the child's safety in a current arrangement. California courts evaluate whether the changed circumstances are substantial enough to justify revisiting the existing order.

Move-Away Cases

Move-away cases — where one parent wishes to relocate with the child in a way that would significantly impact the other parent's time — are among the most complex custody matters. California courts carefully balance the relocating parent's right to move against the non-relocating parent's right to maintain a meaningful relationship with the child. These cases often require expert testimony and careful legal strategy.

Emergency Custody Orders

When a child faces immediate danger, California courts can issue emergency (ex parte) custody orders. To obtain such an order, the requesting parent must demonstrate that the child faces imminent risk of harm or that waiting for a standard hearing would be detrimental. Our team moves quickly when emergency action is needed to protect your child.

Where Orange County Custody Hearings Take Place

Most Orange County child custody matters are heard at the Lamoreaux Justice Center (341 The City Drive South, Orange, CA 92868), which serves as the central courthouse for Orange County family law. Cases may also be heard at the West Justice Center (Westminster), Harbor Justice Center (Newport Beach), or North Justice Center (Fullerton) depending on where the parties reside. Riverside County custody matters within our service area are heard at the Southwest Justice Center (Murrieta) and Menifee Justice Center.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.