Irvine Child Custody Attorney

When parents divorce or separate, the question of child custody often arises. In California, child custody laws are governed by the state’s Family Code. The code provides a framework for courts to use when making child custody decisions. However, the ultimate goal of the court is to make a decision that is in the best interests of the child.

Contact Kirk & Toberty today to schedule your consultation with our Irvine child custody lawyer and take the first step towards securing a stable and loving environment for your child.

What Are The Different Types of Child Custody in California?

There are two types of child custody in California: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to who will have decision-making power over the child’s welfare. A parent can have sole physical custody, sole legal custody, or joint physical and legal custody.

What Age Can a Child Choose Which Parent to Live With in California?

In California, a child must be at least 14 years old to be considered "of sufficient age" to express a preference. A judge can allow a child to state their preference in court if they are at least 14. However, the judge can conclude that it's not in the child's best interests to do so.

In making a custody determination, the Irvine court will consider a variety of family law factors, including the child’s age, health, and emotional needs. The court will also take into account the parenting skills of each parent and each family’s schedule and lifestyle. Ultimately, the court’s goal is to make a decision that is in the best interests of the child. 

Understanding the Child Custody Process in Irvine

Navigating the child custody process can be overwhelming for many parents. At Kirk & Toberty, we believe that understanding the steps involved can empower you to make informed decisions for your family's future. Our experienced attorneys are here to guide you through each stage, ensuring that your rights and your child's best interests are prioritized.

The child custody process typically involves the following key steps:

1. Initial Consultation: Discuss your situation with our attorneys to understand your options and the legal framework surrounding your case.
2. Filing for Custody: Our team will assist you in filing the necessary paperwork to initiate the custody proceedings.
3. Mediation: Many cases are resolved through mediation, where both parents work together to reach a mutually agreeable solution with the help of a neutral mediator.
4. Court Hearing: If mediation does not result in an agreement, your case may proceed to a court hearing where a judge will make the final custody determination.
5. Post-Judgment Modifications: Life circumstances can change, and our attorneys can help you navigate any necessary modifications to the custody arrangement.

Our commitment is to provide personalized support throughout this process. We take the time to listen to your concerns and tailor our approach to meet your family's unique needs. 

Protecting Your Family's Rights in Orange County, CA

When parents divorce or separate, the question of child custody often arises. In California, child custody laws are governed by the state’s Family Code. The code provides a framework for courts to use when making child custody decisions. However, the ultimate goal of the court is to make a decision that is in the best interests of the child.

Are you in a child custody dispute? Call Kirk & Toberty, LLP today at (949) 416-2215 or contact us online to schedule a meeting with our child custody attorney serving Irvine!