Newport Beach Child Custody Lawyer

Newport Beach Child Custody Attorney

As a parent, you want your children to be raised in the healthiest environment possible, and their care is of utmost importance. Unfortunately, tensions can arise during the complicated legal procedures involved in a child custody case, and your co-parent might neglect to act in your child’s interests. A Newport Beach child custody lawyer can ensure your child’s safety and protect their interests.

Once the court has made orders concerning custody and visitation, it can be extremely difficult to get those orders changed at a later date. For this reason, if your case involves an issue concerning child custody and visitation, it is critical that you choose an attorney who has the experience to handle your legal matter and understands how important your child’s future is to you.

Therefore, whether you are seeking or opposing a request involving custody or visitation, contact The Law Office of Robert G. Goldsmith to find out what your options are and get the help you need.

At The Law Office of Robert G. Goldsmith, we handle all aspects of child custody and visitation. With more than 29 years of legal experience, Newport Beach child custody attorney Robert G. Goldsmith can help you protect your children and work out a custody plan that will be effective for years to come.

We also help clients with paternity cases, post-divorce child custody modifications, move-away orders and other matters related to child custody. When it comes to the custody and visitation of your child, you can trust the advice and experience of The Law Office of Robert G. Goldsmith to help you when you need it most.

Understanding Types Of Custody

In California, there are two types of child custody: legal and physical. Legal custody refers to the right and responsibility to make decisions related to the health, education and welfare of the child. Physical custody refers to the time periods during which a child resides with, and is under the supervision of, a parent or another party.

Legal and/or physical custody may be granted solely to one parent (called “sole custody”) or it may be awarded jointly to both parents (called “joint custody”). The type of custody (legal or physical) and the means of holding it (jointly or solely) can have an impact on future decisions the court is called upon to make, such as whether a parent is allowed to relocate or change the residence of the minor child, the child’s religious upbringing and where the child attends school.

Robert G.
Goldsmith

Newport Beach Child Custody Lawyer

Call Law Office of Robert G. Goldsmith Law today at 949-769-7052 for your Free Consultation!

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Creating A Visitation Plan That Works For All

The court must grant a parent reasonable visitation rights unless it is shown that such visitation would be detrimental to the best interests of the child. Noncustodial parents with court-ordered visitation rights have an interest in the companionship, care, custody and management of their child.

In determining what is considered “reasonable visitation,” the court has broad discretion and may issue a variety of orders. However, all visitation orders must be made in furtherance of the child’s best interest and must take into account the broad policy of ensuring the child’s health, safety and welfare.

In many cases, the parents are able to reach an agreement (called a “stipulation”) concerning the custody and visitation of their child. However, when the parents are simply unable to agree, the court must hold a hearing to resolve the issues and make certain factual findings as to the best interest of the child. Once these findings have been made by the court, they cannot be changed without an agreement between both parents, unless there has been a change of circumstances.

The California Child Custody Process

Navigating a child custody battle can be an intricate, time-consuming, and emotionally draining experience. You are likely feeling overwhelmed and uncertain about your child’s well-being and future. At The Law Office of Robert G. Goldsmith, we understand how difficult these situations can be, and we want to offer our experience and knowledge to assist you in your case. It is important to understand the child custody process in California so you can prepare for what you need to do.

The child custody process in Newport Beach can include the following steps:

• Your initial consultation. During your first meeting with us, we can discuss your unique situation and the needs of you and your family. We can also gather any necessary evidence pertaining to your case and discuss potential strategies to achieve the most favorable outcome.
• Custody filing. If you decide to move forward with your child custody case, The Law Office of Robert G. Goldsmith can help you file the necessary paperwork and legal documents to begin the official custody proceedings.
• Mediation. If necessary, you will undergo mediation, where you and your co-parent will discuss your desires or concerns with a third party to reach an agreement outside of court. Your attorney can assist in these proceedings.
• Necessary court hearings. If an agreement cannot be reached through mediation, your case can move to a formal court hearing, where you and your co-parent can present your cases for child custody. The judge will make an official decision based on what they believe to be in the interest of the child.
• Court order and finalization. Once the judge hands down this decision, a custody order will be issued by the courts, which details all the terms regarding both child custody and visitation rights.

How the Courts Determine the Interest of the Child

When a child custody case proceeds to a court hearing, the judge will determine the outcome based on several factors:

• The health, well-being, and safety of the child with each parent
• The ability of the parents to care for their child independently
• Any history of abuse between the parents or between a parent and the child
• The nature of the contact between the parent and their child
• The amount of contact shared between the parent and their child
• Whether the parent in question has a history of drug or alcohol addiction
• The child’s wishes
• The age and needs of the child

It is crucial to keep in mind that each case is unique, and what might be deemed in the interest of one child will not pertain to the interest of the other child. In these cases, it is vital that you work with a child custody lawyer who can present your case before the judge in the strongest and clearest way possible.

How Can Custody Be Lost in California?

In California, either parent may lose custody rights for various reasons. This can happen especially in cases where one of the parents is found to be in violation of their custody order, or their behavior is no longer considered to be in the interest of the child. These situations can happen for a wide range of reasons, including:

• Substance abuse. If either parent suffers from a substance abuse issue, the courts may become concerned over the fact that this parent cannot properly care for their children. Substance abuse issues can include alcohol addiction, drug addiction, or gambling addiction.

• Mental illness. If either parent has a severe mental illness, such as bipolar disorder, major depression, or schizophrenia, the courts may decide that the parent does not have the mental capacity to properly care for their child.

• Abuse or neglect. If either parent has abused or neglected their children, the courts may determine that they are not fit to properly care for the needs of these children. This abuse can include physical abuse, verbal abuse, emotional abuse, or sexual abuse. Neglect can involve failing to provide food, medical care, or shelter to the child.

• Domestic violence. In cases where either parent has been accused or convicted of domestic violence, the courts may be concerned over whether that parent has also been violent to their children. This can include sexual violence, physical violence, and emotional abuse.

• Criminal history. If either parent has a criminal record, this might cause the court to worry that such a parent will be a danger to their child. This can include convictions for violent crimes, drug offenses, or sex crimes.

• Cooperation issues. If one of the parents is unwilling to cooperate to reach agreements regarding the care of their children, the courts may decide that it is not in the interest of the child to live with the uncooperative parent. This could include scenarios where the uncooperative parent refuses to communicate, interferes with the parenting time of their co-parent, or makes false accusations against the co-parent.

• Inability to provide stability. If either one of the parents cannot provide a stable home environment for the children, the judge may decide that it is not in the interest of the child to live with this parent. A history of homelessness, frequent moves, or other examples of a chaotic lifestyle demonstrate the instability of a parent.

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At the core, child custody matters need to look out for the best interest of your child. The Law Office of Robert G. Goldsmith works to find a child custody plan that works for both parents while keeping the child as the focus. To discuss your child custody matter with an experienced child custody lawyer, call us at 949-769-7052 or email us today.