Child Custody Lawyers Helping Clients Navigate The Child Custody Process
Child Custody Attorneys in Orange County
Child custody disputes are among the most emotionally challenging legal matters any parent can face. When the welfare of your children is at stake, you need an attorney who combines legal expertise with genuine compassion for your family’s situation. At Sarieh Family Law, our Orange County child custody attorneys have over 20 years of experience guiding families through even the most complex custody matters. Attorney Wail Sarieh is certified as a family law specialist by the State Bar of California, a distinction held by only a small percentage of California family law attorneys.
How Our Orange County Child Custody Attorneys Can Help
Whether you are going through a divorce, navigating a post-judgment modification, or dealing with a difficult co-parenting relationship, our team is here to protect your parental rights and pursue the best outcome for your children.
At Sarieh Family Law, we represent parents in a wide range of custody matters, including:
- Initial custody determinations during divorce or separation
- Contested custody hearings in Orange County Superior Court
- Parenting plan negotiations and mediation
- Post-divorce custody modifications
- Move-away requests and interstate custody disputes
- Emergency custody orders and protective measures
- Cases involving domestic violence or substance abuse concerns
- Situations involving child protective services
We understand that no two families are alike. Our approach begins with listening to your unique situation and developing a strategy tailored to your goals and your children’s needs.
What Clients are saying
Understanding Child Custody Laws in California
California law governing child custody is found primarily in the California Family Code, beginning with Section 3000. The Legislature has established that the overriding goal in all custody determinations is to ensure the health, safety, and welfare of children while enabling them to maintain frequent and continuing contact with both parents, provided that contact is in the child’s best interest.
California Family Code Section 3020 states that it is the public policy of the State of California to assure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interest of the child when making any orders regarding physical or legal custody.
Understanding the legal framework is the first step toward navigating your custody case effectively. Our attorneys explain every aspect of California family law in plain terms, so you always know where you stand.
Types of Child Custody in California
California recognizes two distinct dimensions of child custody: legal custody and physical custody. Each can be structured as either sole or joint custody.
| Custody Type | Definition | Common Scenarios |
|---|---|---|
| Sole Legal Custody | One parent has the right to make decisions about the child’s health, education, and welfare | High-conflict situations: one parent is absent or unfit |
| Joint Legal Custody | Both parents share decision-making authority | Parents can communicate and cooperate effectively |
| Sole Physical Custody | A child lives primarily with one parent; the other parent typically has visitation | One parent relocating; significant distance between parents |
| Joint Physical Custody | The child spends significant time living with both parents | Parents live near each other; the child has strong bonds with both |
Legal Custody
Legal custody refers to the right and responsibility to make important decisions about your child’s life, including decisions about:
- Education (which school, special education services)
- Healthcare (doctors, medical treatments, mental health care)
- Religious upbringing
- Extracurricular activities and childcare arrangements
California courts generally favor joint legal custody when both parents are fit and willing to cooperate. Under California Family Code Section 3080, there is a presumption that joint custody is in the best interest of a child when parents agree to this arrangement.
Physical Custody
Physical custody determines where your child lives on a day-to-day basis. A parenting schedule outlines how the child divides time between both homes, including weekdays, weekends, holidays, and vacations.
Joint physical custody does not require an exact 50/50 split. Courts often approve arrangements such as a 60/40 or 70/30 time-share based on practical factors like parents’ work schedules, school proximity, and each child’s needs.
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The Best Interests of the Child Standard Under California Law
All California child custody decisions are guided by the best interests of the child standard, codified in California Family Code Section 3011. California courts are required to consider the following factors when determining what custody arrangement will best serve a child’s interests:
- The health, safety, and welfare of the child
- Any history of abuse by one parent against the child, another parent, or another household member
- The nature and frequency of contact with both parents
- Whether either parent is a habitual or continual illegal user of controlled substances, habitually abuses alcohol, or has been convicted of certain drug or alcohol offenses
Courts also take into account the child’s age, the degree to which each parent has been involved in the child’s daily life, each parent’s willingness to support the child’s relationship with the other parent, and the geographic stability each parent offers.
Our attorneys carefully evaluate how these factors apply to your case and present evidence that demonstrates your commitment to your child’s well-being.
Factors Courts Consider When Determining Custody in Orange County
When a custody matter goes before the Orange County Superior Court, a judge weighs a variety of specific factors beyond the general best interests framework. These include:
- Each parent’s living situation: Stability, safety, and proximity to the child’s school and community
- Parenting history: Which parent has been the primary caregiver?
- Work schedules: Can each parent’s schedule accommodate the proposed custody arrangement?
- Sibling relationships: Courts generally try to keep siblings together
- The child’s established routine: School, activities, friendships, and community ties
- Each parent’s mental and physical health: The ability to provide consistent care
- Willingness to support co-parenting: Courts look favorably on parents who encourage a positive relationship with the other parent
- Any evidence of domestic violence, substance abuse, or child neglect
Our attorneys prepare thorough documentation to support your position on each of these factors, giving your case the strongest possible foundation.
The Role of Parenting Plans and Mediation
In California, when parents cannot reach a custody agreement on their own, the court typically requires mediation before setting a contested hearing. Under California Family Code Section 3170, courts must order parents to attend mediation through Family Court Services before hearing a custody dispute.
What is a parenting plan?
A parenting plan (also called a custody and visitation agreement) is a written document that specifies:
- Each parent’s custody schedule (weekdays, weekends, holidays, summer breaks)
- Decision-making authority for education, healthcare, and extracurricular activities
- How parents will communicate about the child
- Procedures for handling disputes
- Protocols for travel and relocations
A well-crafted parenting plan prevents future disputes and provides a stable framework for your child’s upbringing. Our attorneys help you develop a parenting plan that reflects your family’s unique needs while meeting California’s legal requirements.
Mediation in Orange County
The Orange County Superior Court’s Family Court Services offers mediation to help parents reach agreements outside of court. If mediation is unsuccessful, our attorneys are prepared to advocate for you at a formal custody hearing.
Does My Child Have a Say in Custody Decisions?
Many parents wonder whether their child can choose which parent to live with. California law allows courts to consider the preferences of a child who is of sufficient age and capacity to form an intelligent preference regarding custody, but there is no set age at which a child’s preference automatically controls the outcome.
Under California Family Code Section 3042, children 14 years and older generally have the right to express their preference directly to the court, unless the court determines this would not be in the child’s best interests. For younger children, judges assess maturity on a case-by-case basis.
It is important to understand that a child’s preference is just one of many factors a court considers. Judges are trained to determine whether a preference reflects the child’s genuine wishes or has been influenced by a parent. We advise parents to never coach or pressure a child to advocate for one parent, as doing so can harm your case and, more importantly, harm your child.
How is Child Custody Different from Child Visitation?
Custody and visitation are related but distinct legal concepts.
Child Custody refers to the legal rights and responsibilities for raising a child, including where the child lives and who makes major decisions about the child’s life.
Child Visitation (also called parenting time) refers to the schedule under which a non-custodial parent spends time with the child. California courts recognize several types of visitation:
- Scheduled visitation: A specific, detailed schedule set out in a court order (preferred when parents have difficulty cooperating)
- Reasonable visitation: A flexible arrangement that parents work out between themselves (works best when co-parenting communication is strong)
- Supervised visitation: A neutral third party is present during visits (used when there are safety concerns about a parent)
- No visitation: Reserved for extreme cases where contact with a parent would endanger the child
Even when one parent has sole physical custody, the other parent typically retains visitation rights unless contact poses a risk of harm to the child.
Custody and Domestic Violence in California
California law takes domestic violence very seriously in the context of child custody. Under California Family Code Section 3044, if a court finds that a party has committed domestic violence within the past five years against the other party, the child, or the child’s siblings, there is a rebuttable presumption that granting custody to the abusive parent is detrimental to the child.
This presumption can be overcome, but it places a significant burden on the parent with a history of domestic violence to demonstrate that custody is in the child’s best interests despite that history.
If you are a survivor of domestic violence, our attorneys can help you:
- Request an emergency protective order
- Document evidence of abuse for use in custody proceedings
- Advocate for appropriate custody and visitation restrictions
If you have been falsely accused of domestic violence, we are equally equipped to defend your rights and protect your relationship with your children.
LGBTQ+ Parents and California Child Custody Rights
California law expressly prohibits courts from considering a parent’s sexual orientation when making custody decisions. A parent’s same-sex relationship, gender identity, or sexual orientation cannot legally disadvantage them in a custody proceeding.
California Family Code Section 3040 establishes the order of preference for granting custody and makes no distinction based on a parent’s sexual orientation. Both parents in same-sex marriages and domestic partnerships have the same rights as parents in opposite-sex marriages when it comes to custody.
At Sarieh Family Law, we are committed to representing all families, and we have experience helping LGBTQ+ parents assert and protect their parental rights.
Move-Away Requests and Out-of-State Custody Issues
If a parent wishes to relocate with the child out of Orange County or out of California, this can significantly impact the existing custody arrangement. Under California law, a custodial parent who wants to move away with the child must provide notice and may need court approval if the move would affect the other parent’s visitation rights.
Courts evaluate move-away requests by weighing:
- The reason for the proposed move (career, family support, financial necessity)
- The impact on the child’s relationship with the remaining parent
- Whether a modified parenting plan can maintain the non-moving parent’s relationship with the child
- The child’s ties to Orange County (school, friends, extended family)
Move-away cases are among the most complex in family law. Our attorneys have experience representing both parents seeking to relocate and those opposing a move.
Contact Our Orange County Child Custody Attorneys
When your children’s future is at stake, you deserve legal representation from a team that combines credentials, experience, and genuine care for your family. Attorney Wail Sarieh is certified as a family law specialist by the State Bar of California and has dedicated over 20 years to helping Orange County families navigate child custody and all aspects of family law.
Whether you are facing an initial custody determination, a contested modification, or an urgent situation requiring immediate legal action, Sarieh Family Law is ready to stand by your side.
Contact us today for a fully confidential case evaluation. Call us or submit our online form. We serve clients throughout Orange County, including Costa Mesa.
This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Contact Sarieh Family Law for advice about your individual situation.
Recent Case Results
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Our client in this case was the mother of the only child of marriage. Our child custody law firm took the case that started in 2009 with the mother filing a Petition for custody and support of a child against the father where the parties reached a stipulation and order awarding the mother sole legal and sole physical custody. Later on the mother filed a divorce case and since the father failed to respond, the mother entered his default in 2010. The divorce case was consolidated with the paternity case.
In early 2012, the mother and without notifying the father moved to another State. The father filed a police report and hired a very aggressive Orange County Family Law attorney who filed an emergency motion with the court (ex parte application) and obtained custody for the father and appointed a child custody investigator.
The mother was arrested on a DUI despite the fact that her car was parked and she was not driving; the police justified the DUI charge as they found an open container in the car.
The child custody investigation report, based on the mother’s DUI conviction and the fact that she moved away without notifying the father, came to the conclusion that the mother should only have supervised visitation with the child and that father should have sole legal and sole physical custody of the minor child.
The matter was further complicated by the mother agreeing to “bifurcate” the trial on the custody and visitation issues and the trial was set for the second half of 2013.
The mother decided to retain Sarieh Family Law to help her litigate the child custody during the bifurcated trial.
Mr. Sarieh, an Orange County Certified Family Law Specialist challenged the entire proceedings from 2010 to 2013. Mr. Sarieh argued that every document filed including but not limited to the child investigation report and every court order rendered after the entry of default in 2010 is null and void.
Our firm was very proud of the results and very proud of our judicial officers. The judge agreed with Mr. Sarieh that the court has no jurisdiction since the default was entered in 2010. The trial by default was set in month and our client obtained a dissolution judgment awarding her sole legal and sole physical custody of the minor child.
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Our client in this case was the father of two children; the parties were not married but cohabited together for over a decade. Throughout their cohabitation both parties worked hard to support their children; the parties lived in an upper-middle class life style during their cohabitation. Shortly after their separation, the mother claimed disability due to Reactive Airway Disease (RAD) she quit her job as mortgage broker, collected State Disability checks and filed Worker’s Compensation claim alleging her disability resulted from the poor air quality at her office.
Mr. Sarieh, an Orange County Certified Family Law Attorney, filed with the court a request to vocationally evaluate the mother. Unfortunately the vocational evaluation report concluded that the mother is employable but her employability depended on her health condition, which was beyond the vocational evaluator expertise.
In a trial that spanned over the period of months, Mr. Sarieh was able to successfully cross-examine Petitioner’s primary care physician who came to testify on her behalf. The physician admitted that his patient; the mother is able to work under certain conditions.
Mr. Sarieh subpoenaed all medical reports from the Worker’s Compensation case and was able to establish the mother’s ability to work. The Court agreed with Mr. Sarieh and stated that the mother has the obligation to support the children; the court imputed income to the mother and the child support was calculated according to the mother’s imputed income even though she was still not working at the time of trial.
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Our client in this case was the husband, who with the wife’s agreement entered into a stipulated judgment awarding the family residence to the wife; neither party was represented and they entered the judgment with the assistance of a paralegal in Orange County. The parties were married for long time and have adult children from their marriage.
The untold story was despite the written judgment; the parties had verbally agreed that once the house is sold the wife will give the husband his fair share of the proceeds.
Of course, wife sold the house and refused to pay husband any monies. The husband sought the assistance of Sarieh Family Law; Orange County Divorce attorneys.
We began our investigation by examining the judgment, which stated unequivocally that wife gets the house. We were also faced with the legal hurdle that it is almost impossible to set aside a judgment in California if the judgment only dealt with property division and without fraud, duress or undue influence.
We noticed on the Resister of Action on the Court’s website that the initial submission of judgment was rejected by the court and that the judgment was returned. The judgment was re-submitted again and the court accepted it. We asked our client whether he knew anything about the rejection of the judgment and he indicated that he knew nothing about this rejection.
We asked for a copy of the entire file from the court itself and we did not rely only on what our client gave us. We set the wife’s deposition at our office.
We received the ordered copy of the court’s file on the morning of the wife’s scheduled deposition at our office. After a careful examination of the court’s file with our client, we found out the signature on our client’s Declaration re: Service of Declaration of Disclosure was not his.
We confronted the wife during her deposition about the falsified document but she denied any involvement and blamed the paralegal. She acknowledged that the document was not signed by our client.
We subpoenaed the paralegal to the court’s hearing to prove the wife’s fraud and we retained a handwriting expert to prove that our client’s signature was falsified by the wife herself and no one else.
Right before we entered the court room to try our case, the wife’s attorney approached us with a settlement offer giving our client what he was promised. Our client accepted the offer for the sake of the parties’ adult children.