Child Custody, Visitation, Paternity, and Support in Orange County

The Timothy Peabody Law Firm has been representing parents in Orange County in custody, visitation, and paternity disputes for over 22 years.  Custody disputes can be time-consuming as well as emotionally and financially draining.  We work efficiently and effectively to help parents negotiate a reasonable custody arrangement and minimize drawn-out litigation.  When a settlement cannot be negotiated, we aggressively advocate on behalf of our clients in court to obtain a satisfactory custody arrangement that is in the best interest of our clients and their children.  And as an effective support lawyer in Orange County, Mr. Peabody helps ensure the children receive the financial support they need.

Child Custody

When spouses with children divorce or unmarried parents dispute custody, they must either work out a custody arrangement through negotiations and/or mediation, or the court will issue a custody order.  In California, there are two types of custody: legal custody and physical custody.  If a parent has legal custody of a child, he or she has decision-making rights for the child, including decisions regarding health, education, upbringing, and welfare.  Physical custody determines the actual time the parent spends with the children in his or her home.  In most cases, California law presumes that frequent and continuing contact with both parents is in the best interest of the children.  Because of this, the courts often award the parents joint or shared custody, including both joint legal and physical custody.  When parents are awarded joint custody, they share decision-making responsibilities and parenting time.  The parents may also be awarded joint legal custody with one parent—the custodial parent—receiving primary physical custody and the other parent awarded visitation.  In some cases, such as when one parent has a history of domestic violence, the other parent may be awarded sole legal and physical custody.

Timeshare of Visitation

When one parent receives primary physical custody, the other parent usually receives reasonable visitation rights, unless such visitation would be detrimental to the child because that parent has a history of abuse.   Even if the parents have joint custody over their children, they will need to work out a "timeshare of visitation" or schedule of parenting time. Any parenting arrangement may be considered, if it is in the best interest of the child.  For example, one parent may have the children during the school week while the other has the children on weekends, or they may split the week. Or, a parent may have physical custody of the children during the school year while the other parent takes custody of them during the summer.  In addition, a parenting schedule should also address holidays and other special occasions such as birthdays.

Paternity

When a mother seeks child support, or a father seeks custody or visitation, they must first determine the paternity of the child.  Establishing paternity legally determines the father of the child.  If the parents of a child were married at the time the child was born, generally the husband is presumed by law to be the father of the child, unless proven otherwise.  If the parents were not married at the birth of the child, the parents can sign a Voluntary Declaration of Paternity after the child is born to establish paternity.  If the parents dispute the paternity, the court may order genetic testing to find out whether or not the father at issue is actually the father.  

Orange County Child Custody and Support Attorneys

An important role of child custody and support attorneys in Orange County is to ensure the rights of the children are protected during the legal process.  At the Timothy Peabody Law Firm, we strive to make life a little less stressful by helping parents resolve child custody, visitation, and paternity disputes through diligent negotiations or trial advocacy.  Since 1988, the firm has been helping clients located throughout Orange County.  For personalized assistance with a child custody, visitation, or paternity matter, contact the Timothy Peabody Law Firm or call the firm at (949) 200-4610 for a free initial consultation.