Child Custody Lawyers
Santa Ana, California
Experienced Family Law / Child Custody Attorneys in Santa Ana
Experienced child custody attorneys who stand with you, protect your parental rights, and help secure the best possible outcome for your children.
Serving Clients in Santa Ana
The end of a relationship or marriage can be difficult, but it can be even more emotionally fraught when the couple shares children.
Child custody disputes are among the most difficult issues to deal with in divorces. Whether your child custody matter is hotly contested or amicable, you should work with an experienced child custody lawyer to protect your rights and the best interests of your children.
The child custody lawyers at Fontes Law Group (Santa Ana) have extensive experience helping clients with child custody and other related family law matters. We work closely with our clients and help them understand the best interests of the child standard and what courts consider when making child custody decisions.
When Your Case Requires Litigation
While many family law matters can be resolved outside of court, some situations require a stronger legal response. When cooperation breaks down, disputes escalate, or safety becomes a concern, Fontes Law Group is fully prepared to advocate for you in court.
Litigation demands preparation, focus, and a clear strategy. Our child custody attorneys do not shy away from litigation when it becomes necessary.
We gather and organize evidence, present your case clearly and confidently, challenge unsupported claims, and protect you from unfair outcomes. Our goal is to secure a result that is legally sound, enforceable, and aligned with your long-term interests.
Why Clients Choose Fontes Law Group
Experience. Compassion. Results.
At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our family law attorneys understand how emotionally and financially overwhelming divorce, custody disputes, and family conflicts can be, and we guide clients through California’s legal process with clarity, compassion, and strong advocacy.
Clients choose Fontes Law Group because we offer:
- Proven success handling divorce, child custody, support, and property division matters
- A bilingual legal team serving clients in English and Spanish
- Office locations in Santa Ana and Riverside
- No fees for your initial consultation
- A trusted reputation among families across Southern California
Meet Family Law Attorney
Catherine J. Navarro
Let’s Discuss Your Family Law Matter
Child Custody Law in California
Child custody in California refers to the legal relationship between a parent and child and the parent’s right to make important decisions on the child’s behalf.
There are several child custody laws in California that you should know when you are dealing with a child custody dispute. Under Cal. Fam. Code § 3020, it is the state’s public policy for courts to ensure that the welfare, health, and safety of children are the primary consideration when making child custody decisions. The state also considers allowing children to have frequent and ongoing contact with both parents to be important.
If your split is amicable, you will need to create a parenting plan that you both can agree with for the times your child will spend with each of you. If you can’t agree, the court will determine the parenting plan for you based on what is in your child’s best interests.
The child custody lawyers in Riverside at Fontes Law can help you understand the factors courts consider when determining what is in a child’s best interests. They can also help to negotiate with your child’s other parent to try to create an agreement that is fair and also protects your interests and those of your child.
Types of Child Custody in California
Child custody in California includes legal and physical custody. There are also multiple ways in which each of these types of custody can be ordered.
Legal Custody
Legal custody refers to the ability of a parent to make decisions about their child’s religious upbringing, education, and medical care.
Courts may order:
- Joint legal custody under Cal. Fam. Code § 3003 or
- Sole legal custody under Cal. Fam. Code § 3006.[2,3]
The court can also order you to share legal custody for some decisions but grant sole legal custody to one parent for others.
For example:
A judge might grant joint legal custody to both parents to make decisions about their child’s medical care and education but order sole legal custody to one parent to make religious decisions when the parents differ in their religious beliefs and can’t agree about their child’s religious upbringing.
If joint legal custody is issued, you and the other parent must agree on the important decisions about your child’s education, medical care, and religion. By contrast, if sole legal custody is ordered, one parent will have the authority to make decisions for the child without having to consult the other parent.
Physical Custody
Physical custody refers to the parent or parents with whom the child will reside. Like legal custody, physical custody can be ordered jointly or solely.
Courts may order:
- Joint physical custody under Cal. Fam. Code § 3004 or
- Sole physical custody under Cal. Fam. Code § 3007
Parents with a joint physical custody order will each enjoy substantial time with their children.[4] However, it does not mean that the child will split time equally between the parents.
If sole physical custody is ordered, it means that the child will reside exclusively with one parent.[5] The other parent might receive visitation rights with the child if it is in the child’s best interests.
Since the public policy of the state is for a child to have continuing and frequent contact with both parents, sole physical custody orders are rare.
However, if there are significant issues such as a history of abuse, domestic violence, drug or alcohol abuse, or other factors that could endanger the child’s safety, health, and welfare, sole physical and legal custody might be ordered.
A child custody lawyer at the Fontes Law Group can help you understand the type of custody orders that might be appropriate in your family’s case.
The Best Interests of the Child Standard
Courts make legal and physical custody orders according to what is in the child’s best interests instead of what is in either parent’s best interests.
Under Cal. Fam. Code § 3010, both the father and the mother have equal rights to custody. Neither parent is given a preference based on gender.[6]
Under Cal. Fam. Code § 3011, courts must make child custody decisions based on the best interests of the child.
To determine what is in the child’s best interests, the judge will consider the following factors:
- The child’s health, safety, and welfare
- Whether one parent has a history of abuse against the other parent, the child, another child, a current spouse, or a cohabitant
- The relationship between the child and each parent
- The type and frequency of contact of the child with each parent
- Whether one parent chronically abuses drugs or alcohol
- Whether one parent is likelier to encourage the child to have frequent and continuing contact with the other parent
- The child’s adjustment to his or her current home, school, and community
- Other relevant factors
Your attorney at the Fontes Law Group can help you understand how the best interests of the child factors apply in your case. You will need to present evidence showing that an award of legal and physical custody to you is in your child’s best interests. The evidence can include documentary evidence and testimony.
Resolving Child Custody Disputes
In many cases, it is possible to resolve child custody disputes outside of court through negotiation.
If you can reach a negotiated agreement for legal and physical custody, including the parenting time each of you will have with your child, you, your child, and the other parent might be happier with the outcome. This is because each of you will have more control over how child custody will work instead of leaving the decisions up to a judge who does not personally know any of you.
However, there are some situations in which litigation will be necessary.
For example, if there is a history of domestic violence, child abuse, drug or alcohol abuse, or other serious problems, fighting your child custody case through a trial might be important to protect both your safety and that of your child.
If you and your child’s other parent do not have a history of serious problems but are struggling to reach an agreement, another option is to go through mediation.
Mediation is an alternative dispute resolution process that occurs outside of court. In mediation, you and your child’s other parent will meet with a trained mediator.
Mediators are neutral third parties who facilitate agreements. If you reach an agreement during mediation, the agreement can then be submitted to the court and will become the court’s child custody order in your case. However, if you can’t reach an agreement through mediation or negotiation, your attorney will advocate for you and take your case to a child custody trial.
Child Custody Modifications
In some cases, the circumstances of the child or either parent will change after an initial child custody order is issued.
Either parent can request a modification of the original custody order. However, you must be able to show that the changes in circumstances are to such a degree that a modification is warranted.
Some of the reasons why a court might modify a child custody order include the following:
- Change in a parent’s work schedule that makes the parenting plan unworkable
- Change in the child’s needs
- Change that places the child in danger of emotional or physical harm when with one parent
- Child is mature enough and has expressed a wish to spend more time with one parent
- Non-custodial parent has moved closer and wants additional parenting time
- Parent with primary physical custody wants to relocate with the child
- Irresponsible behavior by one parent such as failing to get the child to school on time or other behaviors
- Parent refuses to follow the existing child custody order
If any of these types of situations have occurred, talk to the attorneys at the Fontes Law Group about a child custody modification.
Get Help From Our Experienced Child Custody Lawyers in Riverside
If you are embroiled in a child custody dispute with your child’s other parent, you should reach out to a child custody attorney at the Fontes Law Group in Riverside. Our attorneys have extensive experience and knowledge about the child custody laws in California and can help you understand your rights.
Contact us today to schedule a consultation so that you can learn more about your legal options.
Helpful Resources
California Parenting Plan Guidelines (PDF)
California Courts – Divorce Self-Help Guide
California Courts – Divorce Forms (Official Statewide Forms)
California Child Support Guidelines & Calculator
California Domestic Violence Restraining Order Forms
Orange County Superior Court – Family Law Division
California Judicial Council – Financial Disclosures (PDF)
IRS Publication 504 – Divorced or Separated Individuals (PDF)
FAQs About Child Custody Cases
Q: Do children get to choose which parent they live with?
A child’s preference may be considered if the child is mature enough, but children do not get to decide custody on their own. The court weighs the child’s wishes along with all other relevant factors before making a decision.
Q: Can a custody order be changed later?
Yes. Custody orders can be modified if there has been a significant change in circumstances, such as changes in a parent’s work schedule, relocation, safety concerns, or changes in the child’s needs. Any modification must serve the child’s best interests.
Q: Does joint custody mean equal parenting time?
Not necessarily. Joint custody means both parents share legal custody, physical custody, or both, but parenting time does not always have to be split evenly. The schedule depends on what works best for the child and the family’s circumstances.
Q: How is child custody decided?
California courts focus on the best interest of the child. This includes safety, stability, each parent’s involvement, and the child’s needs. Judges often encourage shared parenting when it’s safe and healthy.
Q: Can parents agree on custody without going to court?
Yes. Many parents are able to reach custody agreements through negotiation or mediation. When parents agree on a parenting plan, it can be submitted to the court for approval and become a legally enforceable custody order.