When parents in a custody case cannot negotiate a custody agreement and parenting schedule, that is when parties often end up in court. This blog outlines a few questions that you should ask your lawyer before the child custody hearing begins.
How are sole custody and joint custody different from one another?
This is a common question that nearly all clients will at some point ask their Orange County family law attorney. It is best that you do so before the custody hearing begin to ensure you go into the hearing with a clear head. As far as the difference goes, a sole custody is when one parent gets complete physical custody of the child as well as getting complete authority over the decision making of the child.
In joint custody both of these aspects will be divided. The physical custody will be divided and the important decisions will be taken by the spouses in consultation.
Is my going to court important?
The way case of child custody is approached is different from other issues of a divorce such as assets etc. Typically in these cases courts require the parents to go through mediation and then come to the court. However, coming to court is important since it highlights that you interested in the future of the child and you will need to do all you can to prove to the courts that you are good parent.
Can the order passed be changed later?
The child custody order that has been passed is important. But in no way is it the final authority until a formal judgment has been entered, at which point modification of custody will generally require a showing of a “substantial change of circumstances.” There are a number of situations where you can through your Orange County family lawyer file a request in court for the modification of the child support order. This can be done if circumstances have changed or new evidence have come to light which makes the other parent continuing as parent a violation of the rule of best interest of the child.
Are you experienced enough to handle this issue?
This is an important question to ask their family lawyer that is going to represent you in the child custody hearing. As mentioned above, this kind of a case works in a different way to other divorce related issues and the techniques used to win this case are different. The more experienced the lawyer in the field, the better the chance you have of getting the child custody you want.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.