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Protecting What Matters Most

Orange County Child Custody Lawyer

Protecting Your Child’s Best Interests in a Custody Case

​As a child custody attorney in Orange County, Raja Gill and his legal team are experienced and knowledgeable in child custody and visitation matters. We understand the emotional toll a custody or visitation dispute can impose, and we know how to make things better. We understand the complexities of child custody in Orange County and will do our best to seek an amicable resolution to the situation, but if a settlement is not possible, then we will fiercely litigate your case in court.

Types of Child Custody in California

In California, child custody is a term that refers to two distinct parental responsibilities: legal custody and physical custody.

A parent with legal custody has the right to make decisions that directly affect the life of the child. In contrast, physical custody refers to the location and parent with whom the child physically lives.

If you are a parent currently going through a divorce, you will need to reach an agreement with your spouse on the terms of legal custody. When disputes cannot be resolved outside of the courtroom, litigation may be the only option.

How Child Custody Is Determined in California Courts

In California, the courts are guided to seek the best interest of the child when making custody and visitation orders. In other words, the courts are directed by the law to do whatever is in the best interest of the child in any given case.

In the majority of cases, the courts prefer joint legal custody so that both parents can participate in making important decisions about their children. In some cases, sole custody is awarded because of inappropriate behavior or neglect by one parent.

Even in cases where joint physical custody is ordered, the child can spend more time with one parent and less with the other. The amount of detail and restrictions on parenting schedules are often determined by the degree of conflict between the parents and whether they can cooperate in the co-parenting process.

Contact our office online or call (949) 681-9952 today to schedule a complimentary consultation with our child custody and visitation attorney in Orange County.

Determining Physical Custody

who gets physical custody infographic​Along with issues such as legal custody, a judge will base decisions on what is in the best interest of the child.

Courts in California generally recognize the benefit of both parents playing an active role in a child’s life. For this reason, there is a strong presumption to award joint physical custody whenever possible.

Sole custody agreements are typically only considered when one parent represents a danger to the well-being of a child, such as in cases of domestic violence. However, sole physical custody does not preclude the possibility that the non-primary parent may be awarded visitation rights.

When awarding physical custody, a judge may consider numerous factors including:

  • The mental and physical health of all involved parties
  • The emotional connection between a child and each parent
  • The parent’s ability to provide a healthy and constructive environment
  • A child’s current standard of living and routine
  • The physical location and distance of parents from each other
  • Any evidence or history of substance abuse or domestic violence

How Do You Prove A Parent Is Unfit?

One reason that one parent may be awarded sole custody of their child is if they can prove that the other spouse is unfit to have custody of the child. A court will not typically rule a parent as "unfit" unless they consistently behave in a manner that may place the child in danger or potentially cause the child emotional or mental harm. There are several ways you can go about proving that a parent is unfit:

  • Testimony from counselors, therapists, coaches, and other adults who are familiar with your child's relationship with your spouse
  • Police reports filed (particularly those involving domestic abuse)
  • School or medical records
  • Home visit inspections, photos, etc.
  • Criminal records

Our Client Testimonials

See Why People Choose the Gill Law Group, PC
    “I would highly recommend this professional firm and his staff.”
    “I would highly recommend this professional firm and his staff.”
    - Kathleen H.
    “I could not have survived the divorce without this team.”
    “I could not have survived the divorce without this team.”
    - Jamie Lima
    “Raja and his fellow Associate Attorneys and Office Personnel have all been excellent.”
    “Raja and his fellow Associate Attorneys and Office Personnel have all been excellent.”
    - Tim A.
    “I have worked with other attorneys and they do not compare the The Gill Law Group.”
    “I have worked with other attorneys and they do not compare the The Gill Law Group.”
    - John B.
    “A calming voice of reason.”
    “They will simultaneously fight for you and be a calming voice of reason. All around awesome folks that know what they’re doing.”
    - Joe Remmers
    “He is knowledgeable and cares about his Clients.”
    I wholeheartedly endorse this lawyer. I have had the distinct pleasure of working with Mr. Gill for the last few years and am also proud to call him a friend. He is knowledgeable and cares about his clients.
    - David Milligan
    “Mr. Gill can handle the most complex matters; cases that will leave other attorneys in the dark.”
    Raja Gill is an exceptional lawyer with the requisite knowledge, experience, and compassion to deliver superior results for his client. Possessing an eye for detail, Mr. Gill can handle the most complex matters; cases that will leave other attorneys in the dark. If you are looking for an attorney who will far exceed your expectations, look no further than Mr. Gill.
    - Kapesh Patel
    “He contacted me frequently and got me what I wanted.”
    He is good and on top of everything. He contacted me frequently and got me what I wanted. I'll recommend him to anyone that needs professional help.
    - Former Client

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