San Diego Child Custody Attorney

Being a parent adds a layer of complexity to any divorce. Child custody is often a hotly contested issue, and emotions can run high. However, despite the importance of custody to each parent, a judge determines custody based on what is in the child’s best interests.

Contact our firm today if you are considering divorce and have children, or if you have received divorce papers and are worried about losing contact with your children. We can analyze your rights and how a court will likely decide custody. We can also strategize to get a custody arrangement that works for you and protects your relationship with your children.

What is Child Custody?

California recognizes two types of custody:

• Legal custody. A parent with legal custody has the right to make important decisions for their child, including medical decisions and those involving education or extracurricular activities.
• Physical custody. A parent with physical custody has a right to the possession of their child according to a parenting plan.

Courts typically award joint legal custody unless there is a reason not to. This means both parents will have decision-making power.

With physical custody, parents will either have joint physical custody or one parent will be the primary custodian, and the other parent will have the right to regular visitation. California courts presume that children are best served when they have meaningful, regular contact with both parents.

Avoiding Conflict in Child Custody Cases

Not every custody case needs to be a “fight.” Parents can work with a mediator to come up with a custody arrangement that makes sense and enhances their child’s well-being. Griffith Young follows our client’s lead on what custody arrangement they prefer. Some of our clients are happy with a 50/50 split and work diligently to craft a parenting plan that makes that possible.

Other clients are victims of domestic violence, have concerns about their child’s safety, or intend to leave California to live with extended family. A 50/50 split is not in the cards for them. Where appropriate, our experienced law office can work to create a child custody arrangement without the need for a court’s intervention.

We have drafted countless parenting plans and know what should be included:

• Residential or weekday schedule, which shows where your children will be throughout the week.
• Holiday and summer vacation schedules.
• Birthdays and other special events.
• Pickup and drop-off information, including location and times, so there is no confusion about handoffs.
• Methods of communication, including regular phone or email updates from the other parent.
• Regular, scheduled phone calls or FaceTime sessions with your child.

The more detail included in the plan, the better. A well-crafted parenting plan should ward off future disputes, but also include methods for resolving disputes between parents. Need help with a parenting plan? Call our firm today at (858) 345-1720.

How a Judge Decides Custody (Best Interest Factors)

Some parents are surprised a judge is not interested in what’s best for them. Instead, judges decide custody based on the child’s best interest. To help sharpen the judge’s attention, the legislature has listed many factors a judge should consider, including:

• Each parent’s relationship with the child up to that point
• What promotes the child’s welfare, health, and safety
• Any history of abuse between parents or abuse of a child, and
• Habitual drug use

Judges are empowered to think broadly when deciding what is in a child’s best interests. However, the law does exclude consideration of a parent’s gender, gender expression, or sexual orientation.

This analysis is flexible. Parents should hire a seasoned legal advocate who understands how local San Diego judges view custody.

Factors Courts Consider in Child Custody Decisions

The court examines many aspects of each parent’s situation when determining custody. They look at the child’s relationship with each parent and how involved each has been in the child’s life. A parent who has been the primary caregiver may have an advantage.

Child’s stability matters greatly to judges. They prefer arrangements that minimize disruption to schooling, friendships, and routines. The court also considers which parent is more likely to encourage a relationship with the other parent.

If a parent is deemed unfit due to child abuse, domestic violence, or substance abuse issues, this weighs heavily in the decision. California law requires the court to prioritize safety above all else. Expert advice from evaluators or therapists may be considered during court hearings.

The Legal Process for Child Custody in San Diego

The legal process for resolving child custody issues starts when one parent files a petition with the family court. Both parents must participate in Family Court Services mediation before a judge will hear the case. This step helps many families reach agreements without lengthy court hearings.

During mediation, a neutral counselor meets with both parents to discuss custody and visitation. They make recommendations to the judge based on these conversations. Our San Diego child custody attorney team prepares clients thoroughly for this important step.

If mediation doesn’t resolve everything, the case proceeds to court. The judge reviews evidence, hears testimony, and makes decisions based on the child’s best interests. Having strong legal representation throughout this process improves your chances of a favorable outcome.

Protecting Your Current Custody Arrangement

Once you have a current custody arrangement in place, maintaining consistency benefits everyone. Children thrive on routine and predictability. Both parents should follow the schedule exactly as ordered to avoid future disputes.

However, life changes sometimes require adjustments. If circumstances shift significantly, you may need to modify the order. Work with your lawyer to determine if changes are warranted and how to pursue them properly.

Document everything related to custody. Keep records of pickups, dropoffs, communication with the other parent, and any issues that arise. These records become important if you need to return to court later.

Modifying Child Custody Orders

A child custody order is hard to modify. Although orders are not set in stone, judges are rarely eager to revisit a custody arrangement. Their preference is to maintain the status quo if it seems to be working.

Nonetheless, a parent can seek to modify child custody when there is a substantial change in circumstances that warrants a modification. Some situations that might qualify include:

• Relocation, either to a different part of California or to a different state
• Significant change to your work schedule
• Substance abuse or child abuse
• Non-compliance with the custody order

Work closely with a child custody lawyer at Griffith Young. We can submit the right paperwork to the court to request a change. The burden is on the parent seeking a modification to support their petition with evidence.

When Significant Changes Warrant Modification

Significant changes in circumstances can justify revisiting a custody order. Relocation is one of the most common reasons parents seek modifications. If one parent needs to move for work or family reasons, this affects the child’s routine and time with each parent.

Changes in a parent’s living situation or well-being may also warrant review. If one parent develops substance abuse problems or mental health issues, the court may need to adjust custody to protect the child. Similarly, if a parent previously deemed unfit has addressed their issues, they might seek increased visitation.

The legal system recognizes that what worked for a toddler may not work for a teenager. As children grow, their needs change. An arrangement that made sense years ago might need updating to reflect the child’s current well-being and preferences.

Working with Your Co-Parent Effectively

Learning to co-parent successfully takes time and effort. Good communication between parents benefits the child tremendously. Keep conversations focused on your child’s needs rather than past conflicts.

Use tools like shared calendars and parenting apps to coordinate schedules. These reduce misunderstandings about pickups, activities, and important dates. The more organized you both are, the smoother things run.

Flexibility helps too. Life doesn’t always go according to plan. When the other parent needs to swap weekends or adjust timing, try to accommodate when possible. This goodwill often comes back around when you need flexibility yourself.

Types of Family Law Matters We Handle

Our law firm handles a wide range of family law issues beyond child custody cases. We understand that divorce cases often involve multiple interconnected issues that affect your entire family.

Child support is frequently addressed alongside custody arrangements. California law uses a formula to calculate support based on each parent’s ability to contribute financially. Our team can help you understand what to expect.

Spousal support may also be part of your divorce case. The court considers factors like length of marriage, earning capacity, and standard of living when making these decisions.

Legal separation provides an alternative for couples who want to live apart without ending their marriage. This option affects custody and visitation rights similarly to divorce.

Why Choose Experienced San Diego County Child Custody Lawyers

Selecting the right attorney makes a real difference in child custody cases. Our child custody lawyers in San Diego County bring significant experience to every family law matter. We know the local family court system and how judges in San Diego County approach different situations.

Legal representation helps level the playing field during an emotionally challenging time. Your divorce attorney serves as both advocate and advisor, offering practical advice based on years of handling similar cases. We protect your legal rights while keeping your clients goals in focus.

Our team understands the unique challenges families face during divorce. Each situation is different, and we tailor our approach to fit your specific needs. Whether you need help with a straightforward agreement or complex situations involving domestic violence or relocation, we provide the guidance you need.

Frequently Asked Questions on Child Custody

Are mothers automatically granted custody of young children?

No. Once upon a time, judges might have automatically granted the mother custody, but the law has changed. Both parents stand on equal footing. However, a judge will consider each parent’s relationship with the child. A mother might receive primary custody because she has spent the bulk of the time raising a child while the father was on the road.

Can my ex leave California with my children?

A parent who wishes to relocate out of state with minor children needs permission from the other parent or a modification of the custody agreement from a judge. It is possible to block a move.

Is mediation required in a custody case?

The San Diego Family Court’s Local Rules require parents to attend mediation offered by the Family Court Services. This court-appointed mediator is not a judge, and they do not decide the dispute. However, they will make a recommendation that judges value highly. We prepare clients for mediation so they can make a good presentation.

Can a child’s testimony be used in a California custody dispute?

Yes, under California law, a child’s testimony can be a factor in a custody dispute, but the process is carefully regulated to protect the child’s best interests. Since new guidelines were issued in 2012, Family Code Section 3042 and California Rule of Court 5.250 govern how and when children can testify. A judge will consider the child’s age, maturity level, and the reasons for their preference on a case-by-case basis.

For children 14 years or older, the court will consider their wishes when granting or modifying a custody order, as they are seen as mature enough to form a preference. However, their testimony is not the sole deciding factor. The judge has the discretion to weigh the testimony and will not follow it if they believe it is insincere or motivated by one parent against the other. For children under 14, the court can still hear their testimony, but only if the judge determines it is in the child’s best interest. If not, the court must provide an alternative method of obtaining the child’s input, such as through a child custody evaluator or recommending counselor. Parents can also make requests regarding how and where the testimony is given, though the judge is not required to abide by them.

Should I worry about a custody evaluation?

Sometimes, a judge will order a custody evaluation performed by a psychologist or psychiatrist. Often, the case involves allegations of mental illness or drug addiction. You should certainly reach out to a San Diego child custody lawyer for help. Judges give these evaluations considerable weight.

Get Legal Specialization and Expert Guidance

Family law requires specific knowledge and training. Our attorneys have pursued legal specialization in this field, completing additional education and certification. This focus means we stay current on changes to California family law and understand the details that matter.

Expert advice comes from years of handling custody cases across San Diego. We’ve seen what works and what doesn’t in local courts. This experience helps us provide practical advice tailored to your situation.

Our team takes time to understand your goals and concerns. We explain the legal process in plain language and keep you informed every step of the way. You deserve an attorney who listens and responds to your needs.

Schedule Your Free Consultation Today

We offer a free consultation to discuss your custody situation. This meeting gives you a chance to ask questions and learn about your options. There’s no obligation and no pressure.

During the consultation, we review your circumstances and explain how California family law applies to your case. You’ll get a clear picture of what to expect and how we can help. This information helps you make informed decisions about moving forward.

Call us at (858) 345-1720 to schedule your appointment. You can also reach out through our website. Don’t wait to get the help you need with your child custody matter.

Consult an Experienced San Diego Child Custody Lawyer

Griffith Young stands ready to handle any custody issue you face. Our experienced San Diego County child custody lawyers understand the challenges families face during divorce and separation. We provide the legal representation you need to protect your relationship with your child.

Whether you’re dealing with an initial custody determination or need to modify an existing order, we’re here to help. Our knowledge of San Diego family court and California family law gives you an advantage. Call our office to schedule a consultation with an attorney.