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Unsure How to Obtain Custody? The Law Offices of Marc E. Mitzner is here to help!

How to Get Child Custody in Orange County

Orange County Child Custody Lawyer

If you or someone you love is in a child custody situation in Orange County, lawyer Marc E. Mitzner is here to help. A highly qualified attorney in the field of divorce and family law for over 20 years in the area, he is prepared and knowledgeable regarding Orange County Courts and child custody law. He recognizes that this can be a difficult process and is dedicated to fighting for your rights and protections regarding your children when all concerned may be emotionally fragile.

Attorney Marc Mitzner is committed to and believes in making the process as swift, efficient and with as little emotional stress as possible.

What Does it Take to Be Awarded Custody?

The law and the Courts of Orange County recognize that, barring unusual circumstances, it is the right of every parent and the right of every child to have a parent-child relationship. This is a connection that is acknowledged as being one that is intrinsic in the very nature of becoming a parent - it is a parental right. Therefore, if that relationship is to be denied by the Court, there has to be great and grave reasons why the child and parent should not be allowed to exercise this right. If you are being denied custody - then it is assumed the other parent has alleged serious grounds against you.

If you are trying to deny custody to your ex-spouse, then know that the grounds put forth must be serious and they must be proved to the Court.

Some of the child custody issues that are concerns of Orange County Courts when they are looking at what is in the "best interests of the child" may include some of the following: where you live, the hours you work, who are your friends and associates, and what is your physical health and/or mental health history. Is there a background of criminal activity, prison time, or such? Has there been or is there currently the use of illegal drugs or abuse of prescription drugs? How often and how long do you visit with the child? What are the desires of the child (if they are old enough to express those desires)? These are a just a few of the questions that naturally will be looked at by the Courts, in order to make their determination.

Timelines of Child Custody in Orange County

Child custody law in California refers to a child who has not yet reached the age of 18 or who suffers from medical or mental disabilities. There are 3 types of custody, by way of length of time, which a child custody order may enforce. The first type is "initial custody" - this is immediate and usually begins as the two spouses just begin the legal separation or divorce process. This may be done just by an out of court agreement between the 2 spouses. The 2nd type is "temporary custody" - and it refers to just that.

There is a finite time where this custody arrangement is in force. Sometimes that is during the divorce proceedings only - while the family looks to what the Court will decide permanently in the case. This may be important for you and your attorney to look at, and not just agree to it because it is deemed "temporary" as "temporary custody" may easily turn into a more permanent settlement -if it seems it is working and, again, it is in the best interest of the child. And thirdly, there is "permanent custody". That is when the Court rules that the decree of child custody shall stand in finality. However, it should be noted that even when "permanent custody" is awarded, one may, in the future, petition the Court if there are any major changes in the situation of either parent. This is known as a petition for child custody modification.

Determining a fair parenting plan that reflects the best interest of the child of children can be very difficult, especially when the parents disagree. The Law Offices of Marc E. Mitzner represents parents involving obtaining child custody in a manner that is efficient and courteous, yet standing strong for you and your child.

Contact an Orange County child custody attorney today for help you need in resolving this matter.