Encinitas Child Custody & Support Lawyer

Child custody and support usually arise in the context of divorce or a paternity action. When parents no longer live together, they must divide child custody and arrange for support payments. Unfortunately, these issues are often mired in controversy and disagreement—some of which can become passionate.

Contact Griffith Young. Judges make decisions regarding custody and support based on your child’s best interests. Our Encinitas child custody and support lawyers can walk you through, step by step, what to expect in a divorce and what evidence is helpful. We can also discuss how to negotiate a child custody agreement with your ex, if that is what you prefer. Contact us to schedule a private consultation.

Overview of Child Custody in California

Child custody has two parts:

• Legal custody. A parent with legal custody has decision-making power with respect to medical care, education, extracurricular activities, and other critical decisions. Unless there is a good reason to the contrary, a judge typically orders joint legal custody.
• Physical custody. This is often what parents think of when they hear “custody.” Physical custody refers to possession of your child. Parents can also have joint physical custody—however, you will need to determine where the child will be each day.

Parents have the power to negotiate their own child custody arrangement, which is often ideal. You can factor in your work schedule, as well as where each parent will reside after separation. Our clients often participate in mediation to help them resolve disagreement.

Of course, we recognize that not all couples can negotiate effectively. Where there is domestic violence, you might not even be allowed in the same room together. Contact Griffith Young to discuss any concerns you have regarding custody.

Co-Parenting Today

Parents will need a detailed custody arrangement, which should include:

• Weekly schedule. Where will your children spend the week? When parents live nearby, a child might spend three days at one house and then three at the other. Or the kids alternate weeks between households. When parents live far apart, however, a child might spend the school year with one parent and a chunk of the summer with the other parent.
• Holidays and vacations. Ideally, parents will drill down and identify who the child will spend each holiday with. This minimizes confusion and disputes later.
• Hand-off time and location. Where will you pick up or drop off your children? You should explicitly identify a place and time to avoid disagreement.
• Make up time. What if a child is sick? Can the other parent have make-up time with the children?

These are only some of the critical pieces of a custody arrangement. Contact us to go in greater depth.

Child Custody Disputes

A custody fight is sometimes unavoidable. A judge will need to decide this issue based on the child’s best interest. California recognizes that a child’s development is enhanced by spending significant time with both parents, so both parents will usually see their children.

Nonetheless, a judge must come up with a custody arrangement, and the state ask them to consider various factors:

• A history of abuse or violence;
• The nature of each parent’s involvement with the child;
• Each parent’s capacity to promote the child’s welfare and meet daily needs;
• Any drug or substance abuse by either parent.

Judges are empowered to consider anything relevant to the inquiry. An experienced lawyer is a huge advantage. We have seen countless judges grapple with these issues, and we know what evidence is compelling.

A judge’s order is difficult to overturn on appeal or even modify later, which means a lot is riding on the hearing. Work with Griffith Young to present the strongest argument possible.

Modifications to Child Custody

Modification of child custody is difficult—but not impossible. If you want to modify custody, you will need to show a substantial change in circumstances, such as:

• Parental relocation;
• Child endangerment;
• Substantial change in work or school schedule;
• Intentional interference with your visitation or custody.

The parent who seeks the change has the burden of proving modification is necessary. Call Griffith Young. We have represented parents on both sides of this issue.

Child Custody Enforcement

Is your ex denying you time with your child? At Griffith Young, we have heard many horror stories of parents who thought everything would be okay once a judge issued a custody order. Over the ensuing months and years, however, they faced obstacles.

• Does the other parent claim your child is always sick, or are doctor’s appointments scheduled when you are supposed to have physical custody?
• Does your ex claim the children don’t want to see you, and you can’t reach your children by phone?
• Does your ex not show up at the handoff location, leaving you waiting without any explanation?

In situations like these, you can ask a judge to enforce the custody order and, in extreme cases, modify custody.

Overview of Child Support

Both parents must share in the financial responsibility of raising a child. Usually, one parent makes a regular child support payment each month to the other.

California’s guidelines provide a starting point for determining monthly child support based on:

• Each parent’s gross income;
• The number of children supported;
• Each parent’s timeshare percentage.

However, the guideline number is not the end of calculation. A judge often adds other expenses on top, such as medical or educational expenses, travel costs, and extracurricular expenses.

Can You Modify Child Custody?

Child support can be increased or reduced to account for changed circumstances. However, a court will not constantly review the order to help a parent get a few extra dollars. Instead, the change must be substantial and beyond a parent’s control.

For example, a father might seek a reduction after losing his job or suffering a long-lasting injury which makes work impossible. By contrast, a judge is unlikely to modify it if the father just quits working or if he suffers a temporary dip in earnings.

Other situations supporting a modification include a change in each parent’s timeshare. The more time with your children, the less you should pay (generally).

Even if you seek to modify, you should continue to make payment until a judge agrees to a reduction. Unpaid child support piles up, accruing interest and resulting in possible wage garnishment.

What if Your Ex Stops Paying Child Support?

The state has a strong interest in making sure parents support their children so that they don’t end up on public assistance. The state can take various actions to put pressure on a parent:

• Suspend licenses;
• Intercept tax returns;
• Garnish the parent’s wages;
• Report to the credit bureaus;
• Levy a bank account;
• Seize assets, including real or personal property;
• Place a lien on property;
• Hold the delinquent parent in contempt of court.

Challenges With High-Income Parents

Because the support guidelines rely on a parent’s gross income, some extremely high earners could be paying massive child support obligations—well over the amount a child needs to grow up healthy and safe. High-income parents should work with an experienced law firm like Griffith Young.

We can explain to a judge why a departure from the guidelines is necessary. Often, high-income parents will still end up with a large payment. The goal is to not pay so much that your ex is essentially getting a windfall each month.

At the same time, courts have recognized that children should be able to enjoy or participate in a parent’s extremely high income, just as they would if they were living together. So it is not guaranteed that a judge will agree to reduce the guideline amount. Call our office to speak with a high-asset divorce lawyer.

Child Custody & Support FAQs

Can Griffith Young help me negotiate a child custody agreement? I don’t want to fight.

We have ample experience negotiating and participating in mediation on child custody issues. Many parents reach an amicable agreement without the need for a contested custody fight. We follow our clients’ lead and ensure they understand their legal options.

Do I have to pay support if I never see my children?

Yes. It’s up to you if you want to stay in touch. But the state expects you to financially support your children. Avoiding your children is not a way to get out of a child support obligation.

Who has an advantage in child custody cases—mothers or fathers?

There is no advantage based on gender. California law is explicit on this fact. What really matters is the history of the relationship with the child and which parent can provide a nurturing, healthy home. Often, mothers stay home with young babies, so they have more of a bond with the child.

Can I waive child support in a prenuptial agreement?

No. Child support doesn’t belong to the parent, so a parent cannot waive it. However, it’s possible for a parent to agree to provide more support above and beyond what the law requires. For example, a parent might agree to pay for his daughter’s undergraduate education.

Get Sophisticated Legal Guidance from Our Custody & Support Attorneys

Few issues are as fraught with conflict as child custody. You deserve an experienced law firm in your corner. Contact Griffith Young to schedule a consultation. We have decades of combined experience in custody and support issues, and we are happy to schedule a time to delve into the details of your dispute.