Tustin Child Custody Lawyer

One of the most contested issues in many California divorces is the matter of child custody. This is an issue that can add a great deal of complexity and conflict to your case. This is especially true in situations where you and your spouse may be parting on less-than-friendly terms making basic communication, compromise, and problem solving difficult. Even in amicable divorces, child custody can become contentious due to the uncertainty about the outcome and the threat of having your parental rights and access to your child(ren) compromised.

At the Law Office of Tracey N. Lundquist, APC, we understand the emotional stress associated with custody, whether it concerns a pending divorce or it arises as an issue years later. Our Tustin child custody attorney has handled countless child custody matters, from those complicated by same-sex marriage factors to proposed parent-child relocations for job or remarriage purposes, or grandparent or other relatives seeking third-party custody. We bring extensive experience to bear on your case and will work diligently to help you obtain the result you seek within the confines of California law.

Need help resolving your child custody matter? Contact the Law Office of Tracey N. Lundquist, APC online or at (714) 949-1711 to arrange for a consultation.

Child Custody in California

As a parent, we know that you want what is best for your children. When determining which parent gets primary custody over the child or children, the court aims to reach a decision that is in the best interest of all children involved. Under the law, if spouses have children together while married, they have equal rights to the child in the determination of child custody; neither spouse is favored over the other.

So how does the court decide which parent gets custody? In considering what is in the best interest of the child, the court uses the following factors to make its decision:

• The wishes of the parents
• The wishes of the child
• The child’s relationship with each of the parents
• The child’s comfort in his/her home, school, and community
• The mental and physical health of all involved individuals

Custody is divided into two parts: legal custody and physical custody. The parent with legal custody of the child controls and make decisions relating to the child’s education, religious upbringing, and health care. This can be awarded to one or both parents. Parents with physical custody will be those with whom the child will live, usually dividing the time between each parent’s home. 

It is common for one parent to have more physical custody time than the other, however slight this may be. It often makes sense for a child to spend more time with one parent than the other, due to daycare, school, extra-curricular activities, social activities, and other considerations. In these cases, that parent is deemed to have “primary” custody while the other parent is often referred to as the “noncustodial” parent.  

Types of Custody

The court has the option of granting one of several different types of child custody.

• Temporary Custody: Grants custody to an individual for a brief period during the divorce or separation process.
• Exclusive Custody: Grants one parent all of the custody rights. The parent without custody, in some cases, may receive supervision rights or supervised visitation rights.
• Joint Custody: Grants equal custody to both parents. This happens in cases where both parents can properly exercise their parental duties.
• Third Party Custody: Grant custody to a third party if that third party has sought custody. Third parties are often grandparents or other close relatives of the child.

The court’s decision on the type of custody is determined based on many of the same factors outlined above. Like the decision as to which parent receives custody, custody type decisions are based on the best interests of the child.

Visitation Rights

In cases where the court awards exclusive custody over the child, the parent without custody has the right to see and visit the child, unless that parent is deemed by the court to be contrary to the child’s best interests. Cases in which courts deny visitation rights often include parents who have physically or emotionally abused the child or who suffer from a mental illness that would emotionally devastate the child.

In cases where visitation is granted, the court will decree the terms of visitation which will outline the restrictions of when the non-custodial parent has the right to visit the child.