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Newport Beach Child Custody Attorney

How to Get Custody or Visitation in Orange County

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 in Orange County? Call (949) 229-8546 or fill out our online form to consult a qualified Newport Beach child custody lawyer.

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.

If you and your spouse cannot agree on a parenting arrangement or visitation rights, then the courts will make that decision for you. That is why our child custody lawyers strive for compromise whenever possible. However, if the other parent isn't willing to work together, we will tirelessly advocate for you.

Types of Custody

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

Legal custody refers to who makes legal decisions for the child. Physical custody deals with where and with whom the child mainly lives. With this in mind, let's break down the types of child custody in California:

  • Joint Legal Custody (Cal. Fam. Code § 3003): Joint legal custody means that both parents share the right to make decisions relating to the welfare of a child.
  • Sole Legal Custody (Cal. Fam. Code § 3006): Sole legal custody means that one parent has the responsibility and right to make decisions relating to the welfare of a child.
  • Joint Physical Custody (Cal. Fam. Code § 3004): Joint physical custody means that the child will reside with each parent for significant periods of time. Although time may not be divided equally, each parent will share physical custody of the child.
  • Sole Physical Custody (Cal. Fam. Code § 3007): Sole physical custody is when a child resides with one parent (custodial parent), while the other parent may have visitation rights.

Can a Father Get 50 50 Custody in California?

Child custody laws in California do not require 50/50 custody. Joint physical custody is generally similar to a 50/50 custody plan. As long as each parent has substantial periods with the child, joint physical custody is appropriate.

How Is Child Custody Determined in California?

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:

  • The child’s age
  • The child’s health
  • Each parent's relationship with the child
  • Each parent's demonstrated involvement in the child's life
  • 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

Courts cannot lean toward custody for one parent or the other based on their sex. Visitation rights may be granted to non-custodial parents based on the unique circumstances of each case and the child's best interests.

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. 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.

How Hard is It for a Father to Get Full Custody in California?

As a father, it is typically an uphill battle to seek full custody in California of your children. It is necessary to show that it is not in your children's best interests to live with their mother at least a portion of the time.

Get in touch with our child custody lawyers and visitation lawyers at Bremer Whyte Brown & O'Meara!

Talk to an Orange County Child Custody Lawyer 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 an Orange County child custody lawyer about your case. Call our Newport Beach 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