Child custody orders are a principal part of a divorce case involving children in Orange County. It is natural to desire a specific custody arrangement, but if you have legitimate grounds to challenge or contest a custody order, you must take the right steps to have your voice heard. A child custody attorney in Orange County can help you protect your child’s best interests.
Steps to Take to Challenge a Child Custody Order in Orange County
First, start building your case by gathering evidence and information to support the claim you wish to make. You need to establish legal grounds to contest a custody arrangement if one has already been ordered by the courts. Evidence may include school reports, medical records, proof of parental relocation or proof of child endangerment.
Next, you will need to obtain, fill out and file the correct forms. The forms you need will depend on the type of contestation. If you wish to modify an existing custody order based on a significant change in circumstances, for example, you will use form FL-300. Fill out the necessary forms completely and file them at the Lamoreaux Justice Center in Orange.
You can file your request electronically or in person. Once the court receives your request, it will schedule mediation or a hearing. The other parent or party involved in the case will need to be served with the documents to be made aware of the case. You or your Orange County family law attorney will then need to prove your case using evidence to achieve a different custody ruling.
Legal Grounds for Contesting a Custody Order
It is not enough to simply disagree with a court’s custody decision or believe that your ex is an unfit parent. You must have evidence supporting your concerns and claim for the courts to hear your case. In general, there needs to be proof supporting one of the following arguments.
Appeal
For an appeal, there must be new evidence, or proof that a mistake of fact was made during the original custody case, that provides grounds to appeal the judge’s decision. An appeal places the case before a higher judge, who will decide whether or not the first judge made a legal error.
Modification
A significant change in circumstances has occurred since the initial order, providing legal grounds for custody modification. Enough time must have passed since the original order to warrant the requested change. Examples include parental relocation, a criminal conviction or child safety concerns.
Emergency Custody
You have proof of an emergency that gives you the right to seek temporary child custody (an ex parte order) for your child’s safety. You must show an immediate threat or danger of harm for this type of request to be granted.
How a Custody Attorney in Orange County Can Help
It is up to you or your child custody attorney in Orange County to provide enough supporting evidence to back up the claim you are making if you wish to contest your custody arrangement. An experienced lawyer can help you gather evidence, request a custody modification or initiate an appeal in an effort to protect your children.
The right attorney can help you fight back against an unjust family court decision while minimizing your stress during this difficult time. For an initial case review with a custody attorney who cares about your family, contact Boyd Law.
