Family Law and Mediation in Newport Beach
Free Case Evaluation 949.416.2057
Understanding Different Types of Custody The Law Offices of Marc E. Mitzner is here to help!

Types of Child Custody

Orange County Child Custody Lawyer

When we start to look at child custody it is well to have the assistance of a practiced, helpful and knowledgeable legal counsel. The issues of custody can be confusing and complex. Even if the two parents are in agreement, it is still advisable to have a competent and caring attorney by your side in the matter, to ensure that all of your rights and protections are being honored. Marc E. Mitzner knows child custody law.

Here is a brief summary of the types of custody you may be considering:

  • Child Custody may be categorized into legal custody, physical custody or visitation rights assigned by the Court in either a permanent, temporary or initial status.
  • Legal Custody -When a parent has legal custody that means that the parent has the right to make any decisions regarding the child. It covers all areas of the child's participation in life. The parent can decide about education, health care and religious upbringing with the consultation of the other parent. Generally in the State of California and in particular, Orange County the family law Court will award joint legal custody so that both parents can retain their legal rights regarding any decisions to be made for or about their child.
  • Physical Custody- Where the child actually lives is the meaning of "physical custody". In some cases the child may live with only one parent and the other parent has only visitation rights - sole custody. If the child spends equal amounts of time with both parents that is considered joint physical custody.
  • Sole Custody - In this case the parent can have sole legal custody or sole physical custody or both. It must be proven that a parent is unfit. There is a trend in Courts across the U.S. now to award custody in a way so that the non-custodial parent has more of an opportunity to participate in their child's life. Sole legal custody is a rarity in today's family law system. In sole physical custody the non- custodial parent is generally assured of generous visitation rights and both parents share equally in any decisions to be made regarding the needs of the child.
  • Joint Custody - In this arrangement, the custody of the child is awarded to both parents. It can refer to joint legal custody or joint physical custody. Basically, it states that both parents have the exact same rights and privileges regarding the child's daily issues. This joint custody may refer to the joint legal custody or joint physical custody or both.

Visitation should also be addressed here, as it is technically related to custody. It is a restricted form of custody that allows the non-custodial parent the ability to enjoy visits with their child. These visits may be ordered to be quite structured and supervised (such as cases when the parent has been accused or convicted of behavior that are considered dangerous to the child - such as physical, mental or sexual abuse, or drug use).

Visitation rights may also be decreed as unstructured, allowing the visiting parent to take the child on outings and visiting with them without any supervision. It is up to the Court to decide what is in the best interest of the child or children.

If you are facing the issues of child custody, don't do it alone. Contact Marc E. Mitzner to set up your free evaluation of your child custody case.

Understanding Joint Custody

With more focus on the active and direct involvement of both parents, more and more courts are looking favorably on the inclusion of joint child custody. This type of custody allows parents to share the custody responsibilities, whether they are having joint legal custody, joint physical custody or a combination of the two.

This allows for either the parents or the court to work out a schedule that suits both the children and the parents in terms of housing, work schedule and the like. Usually, children alternate either weeks, months or six-month periods with each parent. Some schedules give week days to one parent, while the other gets weekends and holidays.

While most courts consider this a favorable situation, there are several cons that should be considered. These can include the constant shuffling of the child from home to home. This can be disorienting and confusing for the child, as well as expensive for the parents as they have to work to upkeep two separate homes for the child. For this reason, it is important to sit down and discuss your individual situation with an Orange County child custody lawyer to decide what is best for your family.

Role of a Child Custody Lawyer in Orange County

At The Law Offices of Marc E. Mitzner, our legal team understands how important it is to keep the interest of the child always kept at heart. If you work with our firm, you can be confident that we will do everything in our power to ensure that you are being looked after as we fight to protect both you and your family. No matter the exact circumstances of your situation, you can trust that we will do everything in our power to help you achieve your desired result.

To learn more about joint custody, contact an Orange County Child Custody Attorney at the firm today.

Are You Interested in Gaining Sole Custody?

If you have recently been involved in a divorce, are currently contemplating filing for divorce, or are otherwise in a situation where the relationship between you and the other parent of your child is getting dissolved, you cannot afford to be flippant with the future of your family. Due to the importance of the result of cases involving child custody, you need to be sure that you are working with an experienced Orange County child custody attorney that will truly be able to help you reach your desirable result.

When first approaching child custody cases, it is important to understand the different types of child custody that you are facing. Sole custody simply means that one parent will have complete and total custody of the child. This is usually granted when one parent is seen as completely unfit for parenting roles and can cause direct harm. While this is usually not preferred, as many courts prefer to have both parents play an active role in the life of the children, it can often be an effective and valuable solution for dangerous situations.

Experienced Child Custody Attorney in Orange County

At The Law Offices of Marc E. Mitzner, you can breathe easier knowing that we will go the distance in helping you to navigate through the tricky process surrounding child custody. If you choose to work with us, you can be confident that we will do everything that we can to help you. No matter if your fight is in getting child support, custody modifications or seeking your desired custody terms, you can trust that we will do everything we can to protect the rights of you and your family.

Contact an Orange County Child Custody Lawyer from the firm today to learn more about how we can help you.

Physical vs. Legal Custody in California

When determining a custody order, there are two types of custody that will need to be considered: physical and legal custody. Within these types of custody, the responsibilities and duties can either be shared between the parents or they can be granted solely to one parent. If you are going through a divorce or in the midst of a custody battle, it is beneficial to have a qualified family law attorney in Newport Beach by your side. Seek representation from The Law Offices of Marc E. Mitzner.

Physical Custody

This type of custody involves the location where the child will reside once the parents' divorce or separate. The parent granted physical custody of a child has the right to have the child with them physically living in their home. The term for this parent is the custodial parent, while the other would be the non-custodial parent. More often than not, parents receive some sort of joint physical custody arrangement. Parents can equally divide the physical time spent with the child.

Legal Custody

This type of custody grants the parent the right to make the major decisions in the child's life. For example, the parent granted legal custody can decide where the child will go to school, the religious interactions with the child and the medical care of the child. These decisions can be granted to one parent through sole legal custody, or granted to both through joint legal custody. Joint legal custody is more common unless one parent is deemed unfit or it is in the best interest of the child to have one parent with sole custody.

If you have questions regarding custody in California, do not hesitate to contact Attorney Mitzner for help. The firm offers a free initial consultation so you have nothing to lose by calling and discussing your specific situation.

GET SMART, EFFECTIVE LEGAL COUNSEL FOR YOUR FAMILY