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5 Questions to Ask Your Santa Ana Divorce Lawyer About Child Custody

#1 · November 3, 2025, 9:14 am

Quote from JOS Family Law on November 3, 2025, 9:14 am
Starting a divorce is an overwhelming process. The person you choose to guide you through it will have a profound impact on your future. For parents, this decision is even more critical. While dividing assets and debts is a significant part of the process, nothing compares to the importance of your child custody agreement. When you are interviewing attorneys, you are not just hiring a financial negotiator; you are hiring an advocate for your children. That is why your questions must go beyond "What is your retainer?" This is a key part of the counsel provided by firms like JOS FAMILY LAW.
First, you must ask, "What is your specific strategy for my child custody case?" This question separates a true strategist from a generalist. A great custody lawyer will not give you a vague answer like, "We will fight for you." They will immediately start talking about the "best interest of the child" standard. They will ask you about your child's routine, your involvement in their schooling, and your co-parenting relationship. They should be able to outline a potential path, whether that is through mediation or a formal court request. This shows they are thinking three steps ahead.
Second, ask, "What percentage of your practice in Santa Ana courts is dedicated specifically to contested child custody?" This is a vital, local-focused question. Family law is incredibly specific to the local courthouse. You want a lawyer who not just knows the law, but who knows the local system. You do not want a general practitioner who spends most of their time on wills. You want a family law specialist who understands the nuances of the Santa Ana court's mediation process (CCRC) and how its specific judges tend to rule on custody matters.
Third, ask, "How do you prepare your clients for child custody mediation?" In Orange County, the court will almost always require you and the other parent to attend mediation to try and form a parenting plan. This meeting is critical. A good lawyer will not just send you in blind. They will sit down with you, help you define your ideal parenting plan, establish your "must-haves" and your "nice-to-haves," and give you strategies for negotiating effectively. Preparation for this one meeting can change the entire course of your case.
Fourth, ask, "What evidence should I start gathering right now to support my custody goals?" This is an action-oriented question, and a proactive lawyer will love it. They should give you a clear list. This might include a calendar documenting your parenting time, a log of all communication with your co-parent (preferably on a co-parenting app), copies of your child's report cards, and a list of all their doctors and teachers. This proves they are already building your case and are focused on creating the factual record a judge needs to see.
Fifth, you must ask, "How do you define a 'win' in a custody case?" Be wary of any lawyer who promises to "destroy" the other side. Judges in family law are looking for the path of least conflict that provides the most stability for the child. The best divorce lawyers Santa Ana has to offer will define a "win" as securing a clear, detailed, and stable parenting plan that protects your relationship with your child and minimizes future conflict. This shows they have the right temperament and a child-focused philosophy.
Finding the right attorney is about finding the right advocate for your children. These questions will help you look past the basic divorce qualifications and find the true custody strategist you need.
When you are ready to protect your parental rights and secure your children's future, contact the legal team at JOS FAMILY LAW.

Starting a divorce is an overwhelming process. The person you choose to guide you through it will have a profound impact on your future. For parents, this decision is even more critical. While dividing assets and debts is a significant part of the process, nothing compares to the importance of your child custody agreement. When you are interviewing attorneys, you are not just hiring a financial negotiator; you are hiring an advocate for your children. That is why your questions must go beyond "What is your retainer?" This is a key part of the counsel provided by firms like JOS FAMILY LAW.

First, you must ask, "What is your specific strategy for my child custody case?" This question separates a true strategist from a generalist. A great custody lawyer will not give you a vague answer like, "We will fight for you." They will immediately start talking about the "best interest of the child" standard. They will ask you about your child's routine, your involvement in their schooling, and your co-parenting relationship. They should be able to outline a potential path, whether that is through mediation or a formal court request. This shows they are thinking three steps ahead.

Second, ask, "What percentage of your practice in Santa Ana courts is dedicated specifically to contested child custody?" This is a vital, local-focused question. Family law is incredibly specific to the local courthouse. You want a lawyer who not just knows the law, but who knows the local system. You do not want a general practitioner who spends most of their time on wills. You want a family law specialist who understands the nuances of the Santa Ana court's mediation process (CCRC) and how its specific judges tend to rule on custody matters.

Third, ask, "How do you prepare your clients for child custody mediation?" In Orange County, the court will almost always require you and the other parent to attend mediation to try and form a parenting plan. This meeting is critical. A good lawyer will not just send you in blind. They will sit down with you, help you define your ideal parenting plan, establish your "must-haves" and your "nice-to-haves," and give you strategies for negotiating effectively. Preparation for this one meeting can change the entire course of your case.

Fourth, ask, "What evidence should I start gathering right now to support my custody goals?" This is an action-oriented question, and a proactive lawyer will love it. They should give you a clear list. This might include a calendar documenting your parenting time, a log of all communication with your co-parent (preferably on a co-parenting app), copies of your child's report cards, and a list of all their doctors and teachers. This proves they are already building your case and are focused on creating the factual record a judge needs to see.

Fifth, you must ask, "How do you define a 'win' in a custody case?" Be wary of any lawyer who promises to "destroy" the other side. Judges in family law are looking for the path of least conflict that provides the most stability for the child. The best divorce lawyers Santa Ana has to offer will define a "win" as securing a clear, detailed, and stable parenting plan that protects your relationship with your child and minimizes future conflict. This shows they have the right temperament and a child-focused philosophy.

Finding the right attorney is about finding the right advocate for your children. These questions will help you look past the basic divorce qualifications and find the true custody strategist you need.

When you are ready to protect your parental rights and secure your children's future, contact the legal team at JOS FAMILY LAW.