Orange County Child Custody & Visitation Attorneys
Guiding You through the Custody Process
Many times, clients spend more resources fighting over issues relating to their children than they do about the millions of dollars they have in property. It is amazing to see people fight during high conflict custody battles; all their other problems become meaningless. They may be willing to settle on spousal support, division of assets, and more, but when it comes down to their children parents will usually spare no efforts.
Our Orange County custody lawyers have relationships with therapists and we are able to offer one complementary hour of therapy to our clients if they would like to take advantage of it. We take the time to educate our clients on these subjects and on what the potential outcomes will be in court. It is our job to not only help our clients but to educate them on what is right and appropriate under the law and help avoid issues down the road.
Call (714) 909-2561 or contact our firm online to discuss your situation.
Protecting Parent’s Relationships with Their Children
At Moshtael Family Law, we believe every child needs both parents; many of our clients come to us wanting to have the majority of the time with the kids because they were the primary caretaker. Absent a parent being a drug-addict, a criminal, a person who committed domestic violence, or any other obvious signs that they are not ready to raise children, they should not be punished for working during their marriage to support their family and as a result they were not the primary caretaker. However, such parents need to work up to it. They would need to be realistic and ask for time they can manage or change their schedule so they may be able to spend more time with their kids, then slowly and steadily build up to a point where they can get to (or close to) 50/50 custody arrangement.
Minimizing the Trauma of Divorce
Divorce and custody are a very traumatic experience for kids. Quite often parents have to put their children through therapy. Often one parent will alienate the children against the other which can result in a need for a reunification therapy. The kids may need a safe environment along with a professional allowing parents to ask them why they aren’t talking to them anymore or wanting to see them.
Moreover, parents may also want to talk co-parenting classes; they are going through a new experience and they may need to be briefly coached through the new process. They need to be equipped with the right knowledge. They may have never gone through a divorce, it would probably make sense for them to see a therapist. Even a couple of sessions may suffice to help them manage their new situation.
Likewise the children have probably not gone through it before and if they are like most children, they are terrified at the idea that mom and dad no longer living in the same household. Those parents are most likely not therapist, they are qualified as parents, but they may not be qualified to deal with the emotional and psychological issues that will happen to these kids. Therefore, it may make sense to have the kids see their own therapist to get the right advise throughout the transition parents.
It is also very common for one or both parents to use the kids as pawns to leverage. Both parents will need to be educated on how to manage each other, how to work with each other, and how to co-parent. We believe this is important because the kids are going to be adults one day and they will find those court documents and read them throughout. They will understand who did what to whom. Every parent wants to be at their kids’ graduation, marriage, and enjoy time with their grandchildren. Taking the steps listed above will help reduce future conflicts.
Visitation folds into custody. A better way to think about it is in terms of custody labels, or physical custody and legal custody:
- Physical custody is the physical placement of the child or how much time they spend with each parent. Visitation is the amount of time each parent spends with a child, therefore it falls into the umbrella of physical custody.
- Legal custody is the ability to make decision for the health, wealth, welfare, safety of the child. For example, making decision regarding their medical treatment, the school they go to, their faith, how they dress, and more.
Visitation is limited to physical custody and is primarily determined by a best interest test. These are called “best interest factors” and they include factors such as:
- Who is the primary care taker of the child
- What is the degree of nurturing
- How much of a bond does either parent have with the child
Conducts such as alcoholism, domestic violence, and more, are all taken into consideration when the court determines how much time the children will spend with each parent.
To learn more, contact our Orange County child custody lawyers at Moshtael Family Law and schedule a free initial case consultation. Call (714) 909-2561.
I thank them from the bottom of my heart, and I look forward to working with them in the future!- Emilie B.
He is truly OUTSTANDING and am so happy to have him on my case!!!- Emily K.
They actually listened to me and valued my opinion.- Juli F.
Best Law Firm in Southern California- Roger H.
He is intense, informative, practical, yet very aggressive in the courtroom.- Michelle L.