Orange County Child Custody Lawyer

Navigating Your California Child Custody Case with Confidence

At Gill Law Group, PC, we recognize that child custody and visitation disputes can be incredibly stressful and emotionally draining. Led by experienced attorney Raja Gill, our team is committed to providing expert guidance through every step of the custody process. We are deeply familiar with the intricacies of California custody laws and the unique challenges families face in Orange County. Our mission is to work tirelessly to reach a fair and amicable resolution. Still, when necessary, we are prepared to advocate vigorously for your rights in court to ensure the best outcome for your child.

Call Gill Law Group, PC today at (949) 681-9952 or contact us online to schedule a meeting with our child custody attorney in Orange County! 

What is Child Custody?

Child custody refers to parents' legal and practical responsibilities for their child's care and upbringing following a separation or divorce. In California, custody is divided into two main types:

1. Legal Custody: This refers to the authority to make significant decisions regarding a child's upbringing, including their education, health, and general welfare. Legal custody can be shared between both parents or awarded to one parent if it is in the child's best interest.
2. Physical Custody: This concerns where the child will live and how time is divided between parents. Physical custody can be exclusive to one parent or divided between both parents. The goal is to ensure that the child has a stable and supportive living arrangement.

The courts prioritize the child's overall well-being when making custody decisions, considering factors such as the child's needs, the parent’s ability to provide a safe environment, and the relationship between the child and each parent.

How Is Child Custody Decided in California? 

In California, the courts are guided to seek the child's best interest when making custody and visitation orders. In other words, the courts are directed by the law to do whatever is in the child's best interest in any given case.

In the majority of cases, the courts prefer joint legal custody so that both parents can participate in making important decisions about their children. In some cases, sole custody is awarded because of one parent's inappropriate behavior or neglect.

Even in cases where joint physical custody is ordered, the child can spend more time with one parent and less with the other. The degree of conflict between the parents and whether they can cooperate in the co-parenting process often determines the amount of detail and restrictions on parenting schedules.

Determining Physical Custody

Along with issues such as legal custody, a judge will base decisions on what is in the child's best interest.

Courts in California generally recognize the benefit of both parents playing an active role in a child’s life. For this reason, there is a strong presumption that joint physical custody should be awarded whenever possible.

Sole custody agreements are typically only considered when one parent represents a danger to the well-being of a child, such as in cases of domestic violence. However, sole physical custody does not preclude the possibility that the non-primary parent may be awarded visitation rights.

When awarding physical custody, a judge may consider numerous factors, including:

• The mental and physical health of all involved parties
• The emotional connection between a child and each parent
• The parent’s ability to provide a healthy and constructive environment
• A child’s current standard of living and routine
• The physical location and distance of parents from each other
• Any evidence or history of substance abuse or domestic violence

What Makes A Parent Unfit in California?

A parent may be deemed unfit and potentially lose custody if they consistently exhibit behavior that endangers the child’s safety or well-being. The court evaluates a range of evidence to determine whether a parent’s conduct justifies awarding sole custody to the other parent. To prove a parent is unfit, you might present the following evidence:

• Professional Testimony: Statements from counselors, therapists, coaches, or other professionals who have observed the parent’s interactions with the child.
• Legal Records: Police reports, particularly those related to domestic violence or other criminal activities.
• Medical and Educational Records: Documentation from schools or medical professionals that may indicate concerns about the parent’s ability to provide appropriate care.
• Home Conditions: Evidence from home inspections or photographs showing unsafe or unhealthy living conditions.
• Criminal Background: Records of past criminal behavior that could affect the parent’s suitability for custody.

The aim is to demonstrate that the parent’s behavior poses a significant risk to the child’s emotional or physical health, making them unsuitable for custody.

Contact Our Orange County Child Custody Attorney Today 

Navigating child custody matters can be challenging and emotionally charged. At Gill Law Group, PC, we are dedicated to guiding you through this complex process with compassion and expertise. Whether you are seeking to establish a fair custody arrangement or facing disputes that require resolution, our goal is to advocate for your child’s best interests while striving for a resolution that supports their well-being. Contact us today to discuss your case and explore how we can help you achieve a positive outcome in your custody situation. We have offices in Irvine, San Francisco, San Diego, and Newport Beach.

Contact Gill Law Group, PC, today to schedule a meeting with our child custody lawyer in Orange County!