Orange County Divorce Attorney Giving You the Representation You Need For Fair Custody Decisions
One of the most important things a parent can do in a divorce is look out for the welfare of their children. While adults can decide that a relationship is no longer suitable for them, children rarely have any influence in the matter. This is especially true for very young children. Most parents want what is best for their children. While some people going through a divorce may weaponize their children to hurt a former spouse, most people are able to put any animosity aside for the sake of their offspring.
Even people with the best intentions may need help navigating a custody arrangement. Hurt feelings, bad memories, and frustrations can prevent people from making good decisions about their children. This is why, even in an amicable divorce, an experienced family attorney can be invaluable in helping arrange a fair custody decision.
How is Child Custody Decided in California?
Child custody in California is decided based on a doctrine called “in the best interest of the child.” This means a family court will consider what arrangement will have the most positive lasting impact for a child. This decision does not take into account parents’ feelings or sentimentality. Even if one parent is incredibly close to a child, that does not necessarily make them most suited to care for them. When making a determination, the court will consider several factors including:
- Which Parent can Provide the Safest Home Environment
- Which Parent can Provide the Best Access to Education
- Which Parent can Provide the Best Healthcare
- Any History of Drug or Alcohol Abuse
- Any History of Physical or Emotional Abuse
- Any History of Neglect
- Any Preference the Child May Have
While a judge will consider both parents’ and children’s feelings, these are not necessarily determining factors. A child’s physical, emotional, and psychological well-being are the primary concerns. Even if a child would prefer to remain with one parent over the other, if the court rules that this parent is less fit than the other, they may rule against the child’s preference.
While many child custody hearings are contentious, this does not have to be the case. Parents can work together or separately to help a judge determine a fair and amicable custody agreement that pleases all parties. In order for this to happen, though, parents must take specific steps.
How Can I Ensure Fair Custody in Orange County?
The best way to ensure a judge makes a fair custody ruling is to make the process as smooth and non-combative as possible. Many parents will use custody hearings as an opportunity to vent their frustrations or make accusations against their former spouse. Others may attempt to weaponize their children for the sake of harming their former spouse’s feelings or reputation in the community.
Judges dislike dealing with combative individuals. A parent’s hostile behavior in the courtroom may lead a judge to believe they are the less suitable parent. Arguing in court can also drag a custody arrangement out longer than necessary. Judges tend to be busy and hear multiple cases a day. Long custody battles can test their patience and lead to less-than-ideal outcomes.
Parents going through a custody dispute can ensure a fair and equal decision by cooperating with both one another and the court. Some of the best strategies to ensure a fair custody decision include:
- Being Open and Respectful in Communications With Your Former Partner and Their Attorney
- Putting the Child’s Best Interests First
- Not Making False or Hostile Accusations Against Your Former Partner
- Not Sensationalizing a Former Partner’s Past Behavior
- Working With Your Former Partner to Determine Schedules
- Not Encouraging a Child to Make Disparaging Remarks Against One Parent
Generally speaking, the less hostile and the more polite and cooperative both parents are, the easier it will be for a judge to help determine a custody agreement. If two spouses can work together amicably through their attorneys, this can even reduce or eliminate the time needed in front of a family judge. This is why it’s invaluable to have an experienced family attorney who can help you cooperate with your former partner. This can ensure a fair custody plan that works in the child’s best interest and allows you to have the most impact in your child’s life.
What Should I Do if I’m Going Through a Custody Dispute in Orange County, California?
Despite the popular image, custody arrangements can take a short time. They do not have to be bitter and drawn-out. With the right family attorney, a custody arrangement can be made relatively quickly and easily, with a minimum of hurt feelings. These arrangements can be made in the child’s best interests, giving them the safe and happy childhoods they deserve while ensuring both parents get to be a major part of their lives.
If you or a loved one are going through a divorce and If you or a loved one are going through a divorce and want to ensure you obtain a fair custody agreement, don’t hesitate to contact the Law Office of Patrick O’Kennedy today at 500 N State College Blvd., #1100, Orange CA 92868. Patrick O’Kennedy believes both parents should play an equal part in their children’s lives. He believes children grow up to have the happiest adulthoods if both parents are a part of their adolescence. He has extensive experience in helping parents negotiate fair custody arrangements to ensure both are satisfied and that their children have the safest, happies childhoods possible.
Many times, children can pay the biggest price in a divorce. This shouldn’t be the case. Every child deserves a happy adolescence. Every parent deserves to be a part of that adolescence. If you or a loved one are going through a divorce in Orange County and want to ensure a fair custody argeement, call the Law Office of Patrick O’Kennedy immediately at 714-701-6356 or email him for a no-obligation case evaluation. He can help make sure you remain an important part of your child’s life.