Child Custody Process

The first step in the child custody process is outlining a parenting plan. A parenting plan determines three things:

• Who the child will live with
• How the child will be cared for
• How and when the child will visit each parent

Parents can agree to a parenting plan, but oftentimes, a court order is required to determine the plan. It is important to note that without a parenting plan, both parents have equal rights to the child.

Next, one or both parents should petition the court to determine child custody arrangements. Child custody can either be joint or sole and involves both legal and physical custody.

Then, parenting time is determined. Parenting time can be open, with a schedule, supervised, or with no visitation. The latter occurs when a child is at risk of being physically, mentally, or emotionally harmed by the parent.

How Custody Is Determined in California

In California, weight may be placed on the child’s preferences, but the main factor in determining custody is identifying what is in the child’s best interest. Children who are old enough and in good health can weigh in on who they prefer to live with or who they prefer to make decisions for them, though this is not required.

Other considerations that impact the child’s well-being are their home and communal connections, their emotional relationship with their parents, and which parent is most likely to allow contact with the non-custodial parent.

Sometimes, child custody impacts child support, but this is not always the case. Whether or not a parent has joint or sole custody, they may be required to make support payments. Factors that determine child support are the custody arrangements, the parents’ income, and the child’s and parents’ expenses. Factors that are not considered in California are sex, gender, and sexual orientation.

Murrieta Child Custody FAQs

How Much Does a Child Custody Lawyer Cost in Murrieta, CA?

The cost of a child custody lawyer varies in California. Several factors should be considered before choosing a child custody lawyer, including the hourly rate of the lawyer, the case complexity, case length, and the cost of living in the county where the parents reside. Uncontested cases where both parties agree, for example, tend to be less time-consuming and less costly than contested cases.

What Type of Custody Case Costs the Most?

Child custody cases can either be contested or uncontested, and uncontested cases often cost more. Contested child custody cases mean parents cannot agree on custodial arrangements or one or both couples have a history of violence, abuse, substance abuse, or mental health concerns. Uncontested cases occur when both parties agree on custodial arrangements, including scheduling, legal, or physical custody arrangements. Uncontested cases tend to be less costly as they are less time-consuming.

Do I Need a Lawyer for Child Custody in Murrieta, CA?

The law doesn’t require you to hire a lawyer for child custody in Murrieta, CA, but it would be unwise to go without one. Whether your case is amicable or contentious, you must still file your agreement with the court to ensure your arrangement is legal, and it is suggested you hire a lawyer to make this process easier. Your attorney can ensure your child’s interests are protected and that your arrangement is fair.

How Long Does a Child Custody Case Take in Murrieta, CA?

There are several factors that determine the length of a child custody case in Murrieta, CA. It may be quick or be dragged out depending on how complex the case is, the court schedule, the relationship of the parents, or the type of case. If there is a divorce case in conjunction with the custody case, this can extend the time. In general, couples who have a more amicable relationship tend to have quicker proceedings.

Contact Najera Law Group, APC, for Assistance With Your Child Custody Case

At Najera Law Group, APC, we can help you navigate the legal process of child custody. Contact us today to learn more about our offerings.