1.

Will the Orange County Court make orders on custody and support while the divorce is pending?

2.

How does the judge in my Orange County divorce case decide the custody issues? 

3.

What is physical custody? 

4.

What is legal custody? 

5.

Do judges in Orange County make decisions on custody based on the age of the child or children?

6.

How do Orange County courts in a divorce case make custody decisions when the child or children are less than 3 years old? 

7.

How do Orange County courts in a divorce case make custody decisions when the child or children are between 3 and 5 years old?

8.

How do Orange County courts in a divorce case make custody decisions when the child or children are between 6 and 11 years old?

9.

How do Orange County courts in a divorce case make custody decisions when the child or children are between 12 and 18 years old?

10.

How does the Orange County court in a divorce case typically divide holidays when making custody decisions?

11.

How does the Orange County court in a divorce case typically divide school breaks when deciding custody issues?

12.

What do I do if my spouse intends to take the children out of state?

13.

How can I move with the children to another county or state?

14.

Do judges in Orange County divorce cases permit a child to testify about his or her preferences about custody?

15.

My spouse is keeping the children away from me and refuses to let me see them.  What can I do to see my children?

1. Will the Orange County Court make orders on custody and support while the divorce is pending?

Yes.  After the divorce process has started, either spouse can make requests for temporary child support, spousal support (alimony), and child custody and visitation.  In an Orange County divorce case, before the court makes orders on custody, the spouses must first proceed to mediation.  This court ordered mediation is held at the Lamoreaux Justice Center in the City of Orange.  The mediator, without the presence of the lawyers, sits down with both spouses and tries to help them resolve their custody disputes.

Temporary custody and support issues may change during the divorce depending on whether or not there are any changes that occur in the spouse’s lives while the divorce is pending, both financially and otherwise. 

Temporary orders remain in effect until there is a final judgment (whether by trial or by settlement) in the divorce case.

Back to top

2. How does the judge in Orange County divorce cases decide the custody issues?

The judge makes decisions based on information he or she is provided by the parties and often, by the court appointed mediator. 

First and foremost, Orange County judges, like all judges, look at what is in the best interests of the children.  The judge will look at many different factors including the health, safety and welfare of the children, look at the past conduct of the parents in raising the children and will make a decision as to whether one parent should have sole physical custody while the other receives visitation or if the parents should share joint physical custody.  The court also makes a decision on legal custody, which is different than physical custody.  These terms are explained below.

Some of the most important factors the court takes into consideration are:

• Age, gender, and stage of development of the child

• Emotional, social, and educational needs of the child

• Health, welfare, and safety of the child

• Level of communication and cooperation between parents

• Parenting ability and psychological adjustment of each parent

• Quality of the parent-child relationships

• Parental support systems

• Cultural factors

Back to top

3. What is physical custody?

Physical custody is simply the timeshare parents have with the child or children. 

Physical custody can either be "joint" or "sole". Orange County courts generally presume that joint custody is in the best interest of the minor child.

Joint physical custody means that both parents share frequent and continuing contact with the children.  A typical joint custody situation is, for example, one week with one parent and the next with the other.

Sole physical custody means one parent has received the primary timeshare with the child while the other has visitation. A typical visitation schedule is every other weekend and a weekday every week.

Back to top

4. What is legal custody?

Legal custody is simply each parent’s right to participate in and make decisions about the significant aspects of the children’s lives including the health, education and welfare of the children.  Joint legal custody is common and preferred.  However, there are circumstances such as physical abuse, sexual abuse, serious drug or alcohol issues that could cause a parent to lose legal custody. 

Back to top

5. Do judges in Orange County make decision on custody based on the age of the child or children?

Yes.  In fact, Orange County courts have set guidelines that they follow depending on the age of the children.

Back to top

6. How do Orange County courts in a divorce case make custody decisions when the child or children are less than 3 years old?

Orange County parenting guidelines state that in order for infants and toddlers to develop secure attachments to their parents, it is critically important that the separation time from the mother and father be small to minimize anxiety, keep attachments secure, and keep the child comfortable with both parents. It is hard for the child to maintain a memory of the parent if the parent is not there. Infants and toddlers have difficulty conceptualizing time and need frequent and continuing contact with a predictable pattern. Separation anxiety is most intense around fifteen (15) to twenty-four (24) months of age. Although it is normal for children at this developmental stage to cry and cling during transitions, most children can be quickly comforted by each parent.

The essential considerations that Orange County courts take into consideration when the child or children are less than 3 years old are:

• Degree of Attachment – Attachment can be defined as the level of trust, security, and bonding in a parent/child relationship. If a parent has not had contact with an infant to 3-year-old child for an extended period of time or has not been involved in the day to day care of the child, contact should start slowly and gradually increase as the child adjusts and feels more comfortable.

• In order to maximize child’s trust and security, it is critical the less attached parent spend significant alone time caring for the child.

• Information regarding the infant/toddler’s diet, medications, daily routine, etc. should be provided by