A Child’s Interests

Ultimately, California seeks agreements between parents that are most beneficial for the child. The choices parents make are not the fault of the child. Therefore, the law seeks to protect their interests. This also helps parents decide when to challenge a standing agreement or what mindset they should have when creating a new one.

Decisions on the interests of the child are determined by several factors, including:

• The child’s age
• The state of the child’s health
• The parent’s ability to care for the child
• The type of relationship the child shares with each parent
• Any history of domestic violence or substance abuse exhibited by either parent
• The location of the child’s school in relation to where each parent resides
• Any involvement in the community that the child participates in.

These factors, along with others, help determine the living situation that most fits the child’s needs.

Child Custody and Visitation Enforcement

Child custody agreements, including parameters of visitation, are legally binding protocols that parents must follow. While it is uncommon for orders to be intentionally broken, it does happen from time to time. In those situations, you are within your rights to bring legal action against the other parent, which could result in a modification of the order. Common situations that arise include:

• One parent misses a scheduled visitation.
• One parent purposely withholds visitation from the other.
• A minor infraction that interferes with the court order causes contempt.
• A parent modifies the agreement without the court’s intervention.

These situations, and others, are complicated but can be resolved with the assistance of an experienced family law attorney.

FAQs About Lake Elsinore, CA Family Laws

How Much Does a Child Custody Lawyer Cost in California?

The fees and costs for any child custody case will be determined by the factors of the case. No two are alike, and each requires different levels of involvement from the court and from an attorney. On average, however, a child custody case will cost between $5,000 and $10,000, with the average attorney fee being around $500 per hour.

Who Pays Attorney Fees in Child Custody Cases in California?

In most cases, each side will pay their own attorney fees. However, there are some circumstances in which a judge could order one parent to pay for the other’s legal services. This occurs most often when there is a significant disparity in income between the two parties involved, or if one party is unable to pay their own fees.

Is California a 50/50 Custody State?

California encourages parents to share an equal partnership in raising a child. The state recognizes the importance of both parents’ involvement in the child’s life. However, there is no legal requirement for a 50/50 split of legal custody or physical custody. The state will attempt to create significant opportunities for joint physical custody as long as it is in the interests of the child.

Do I Need a Lawyer for Child Custody in California?

Filing petitions and court documents can often be done independently of an attorney. However, the complicated legal system can bring many twists and turns that are difficult to navigate on one’s own. It is always recommended that you have the help of an experienced and knowledgeable family law attorney to help with your case.

Lake Elsinore Child Custody Attorney

Any legal case that involves children should be handled delicately. Often, the child did not ask for or cause any action to bring about the legal situation, but they are often found stuck in the middle of it. While the hope is always that two parents will be able to come to an amicable agreement, that is not always the case. No matter what legal challenge you are facing involving your child, get the help you deserve by contacting the team at the Najera Law Group, APC Our team fights aggressively for the rights of your child and for you.