San Diego Child Custody Lawyer

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 and child support. 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.

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.

Child Support Obligations in San Diego

Both parents must support their children, and children should enjoy the benefits of each parent’s income. When parents live together, they both support their children informally by contributing to the household and paying bills. When a couple divorces, however, one parent probably needs to make monthly payments to the other in the form of child support.

California’s Child Support Guidelines

California has crafted mandatory statutory guidelines for the calculation of child support. These guidelines bring order to the process and seek to standardize the amounts judges award.

The guidelines are easy to use—you plug in a few numbers regarding:

• The number of children to be supported
• Each parent’s gross monthly income
• Each parent’s timeshare percentage
• Any support paid for other children
• Each parent’s tax filing status
• Relevant deductions and union dues

The state has even created a calculator parents can use to gauge how much they might pay.

Add-Ons for Child Support

The guideline amount might be only the start for determining monthly child support. Parents are also responsible for monthly add-ons, such as:

• Reasonable uninsured health care costs
• Childcare costs related to employment or education
• Travel expenses to visit a parent
• Educational expenses, such as tuition

These add-ons go on top of the guideline amount, and they could substantially increase what a parent pays.

Challenges for High-Income Parents

The guideline amount is just that—a guide. According to the law, the guideline amount is “presumed” to be correct. But high-income parents could end up paying mammoth child support payments each month simply because they make a high income.

At Griffith Young, we have handled many high-asset divorces. We know the concern many high-income clients have is that they will be writing huge checks to their ex above and beyond what a child needs for a normal, healthy upbringing. A massive child support obligation looks more like a windfall for your ex.

Helpfully, California law allows high earners to request a deviation or departure from the guidelines. Our certified legal experts know how to make the request and back it up with supporting evidence. You need to show how an amount lower than the guideline amount will still meet your child’s needs.

We can also help clients whose spouses are extremely high earners. You should get the maximum child support payment that you can. We can oppose a deviation request and ensure your child participates fully in both parents’ incomes.

Modifying a Child Support Order

Life does not stand still. Just as parents might seek to modify child custody, they can seek to modify child support. However, a court is never eager to constantly review the support order simply to save you a couple of dollars each month.

Some reasons to modify include:

1.       Job loss or disability

2.       Significant cut in pay

3.       Change in each parent’s timeshare percentage

Until an order is modified, a paying parent is responsible for the full child support amount each month. Contact Griffith Young quickly if you have suffered job loss, disability, or incarceration and need to modify the order. Unpaid child support can pile up quickly as arrearages, and your wages might be garnished.

Frequently Asked Questions on Child Custody & Support

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.

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.

My ex has stopped paying child support. What can I do?

You or the county can bring an enforcement action against the non-paying parent. The state can take certain actions to compel payment, such as garnishment, liens, tax return interception, or even suspending the parent’s license.

Consult an Experienced San Diego Child Custody & Support Lawyer

Griffith Young stands ready to handle any custody or support issue you face. Call our office to schedule a consultation with an attorney.