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Newport Beach Child Custody Lawyers

How to Get Custody or Child Visitation in Newport Beach

Because of the complexity and emotional difficulty of custody and visitation issues, it is highly recommended that you retain the services of a trusted and experienced Newport Beach child visitation lawyer.

At Bremer Whyte Brown & O’Meara, you will find compassionate, seasoned child custody attorneys in Newport Beach who can provide thoughtful, creative, and tactful legal solutions for your case. We are competent negotiators and experienced trial lawyers with the ability to protect your legal rights as a parent and help ensure that your child’s best interests are served when it comes to custody or visitation.

Need custody or visitation rights? Consult a Newport Beach child custody lawyer! Call (949) 229-8546 or fill out our online form today.

California Child Custody Laws

Custody and child visitation rights can cause tremendous upheaval in the lives of divorcing parents and their children. The opposing parties may become very combative and require the courts to make a ruling based on the individual needs of the children. Courts will always seek to determine what is in the best interests of the child and California courts lean toward joint custody where possible so that the child will have a continuing relationship with both parents.

If you and your spouse cannot agree on a parenting arrangement or visitation rights, then the courts will make that decision for you.

Types of Custody in Newport Beach

California's laws on child custody typically entail these types of custody arrangements: joint physical and legal custody, sole legal custody, and sole physical custody.

  • Legal Custody – Who makes legal decisions for the child
  • Physical Custody – Where and with whom the child mainly lives

Courts will typically consider the following when determining custody and visitation, focusing on the best interest of the child:

  • The child’s age
  • The child’s health
  • The established emotional bonds between the child and the parents
  • The financial, emotional, and physical ability of either parent to care for the child
  • Any history of domestic abuse or drug abuse on the part of a parent
  • The child’s connections to his or her home, school, and neighborhood

Courts cannot lean toward custody for one parent or the other based on their sex. Visitation rights are generally granted to non-custodial parents based on the unique circumstances of each case, unless such visits are deemed unsafe for the child by the court.

How Is Child Custody Determined in Newport Beach, CA?

In California, child custody can either be agreed upon by the parents, or it is determined by the court based on what the judge determines to be "in the best interests of the child."

When determining who gets custody of a child, a judge may consider:

  • Each parent's relationship with the child
  • Each parent's demonstrated involvement in the child's life
  • Each parent's income and ability to support the child
  • Each parent's living situation and ability to care for the child
  • The child's ties to their school and local community
  • Any history of substance abuse or domestic violence

What Makes a Parent "Unfit" for Custody?

In order to get custody in California, a parent must be considered "fit" by the court. In Newport Beach child custody cases, an "unfit parent" can be a mother or father who:

  • Abuses the child
  • Neglects the child
  • Has abandoned or deserted the child
  • Has a substance abuse problem (alcohol and/or drugs)
  • Is physically, mentally, and/or financially incapable of caring for the child
  • Has not demonstrated adequate interest, care, or responsibility for the child's well-being

Who Is More Likely to Get Custody – the Mother or the Father?

California is neither a "mother state" or a "father state" in that the court is unbiased toward either parent when making custody decisions. That being said, mothers are historically the most likely to be granted physical custody of a child. This is because mothers are most often the primary caretaker of the child in the home, and the court takes that into account.

However, if a mother is determined to be unfit for custody, a father can still win a custody case. A father may be able to win custody and take a child away from the mother if she the court decides it is in the best interests. Likewise, if a father is deemed to be unfit, then the mother may be granted custody and be allowed to take the child out of the father's custody.

Whether you are a mother or a father, you need a Newport Beach child custody lawyer who knows your rights and how to fight for them. Get in touch with Bremer Whyte Brown & O'Meara!

Talk to a Child Custody Lawyer in Newport Beach Today

Whether your case involves the establishment of visitation rights, temporary custody pending divorce, a request to modify physical custody, or a post-divorce parenting plan, Bremer Whyte Brown & O’Meara can help.

Our Newport Beach child custody attorneys have an established track record of resolving difficult family law matters. With the legal acumen and resources of our child custody lawyers, you will have the peace of mind and support you need during this critical juncture.

Talk to a Newport Beach child custody lawyer about your case. Call our office at (949) 229-8546 today.

Why Hire Bremer Whyte Brown & O'Meara, LLP?

  • Experience with Complex, High-Value Cases

  • Highly Awarded by Prestigious Associations

  • Thoughtful, Competent Representation

  • Four Certified Family Law Specialists

  • Experienced Trial Attorneys

  • Experienced Trial Attorneys