San Diego Child Custody Lawyer
Here to Fight for You & Your Children
The divorce process in California can be a difficult one, as it bears a heavy burden on both of the spouses and the children. Making a decision on the custodial arrangement of where to place the child after a divorce is a tough one, which is why it's important to have a qualified San Diego custody attorney from Moore, Schulman & Moore, APC by your side.
With more than 200 years of collective legal experience, our firm has the skill, knowledge, and determination to protect your rights. Whether you are seeking sole or joint custody or visitation rights, you can count on our San Diego child custody lawyers to provide the seasoned legal representation you deserve.
Contact a San Diego child custody attorney to arrange an initial consultation. We are ready to put our skills and experience to work for you!
How a Judge Will Decide What Is "Best for the Child"
When it comes to child custody, the courts will always choose what they believe is in the best interest of the child. Forcing change upon a child is the last thing a judge wants to do. In some cases, where a child is 12 years of age or older, the court will ask the child who they would prefer to live with.
If the parents have been separated for a while before the divorce was filed, the judge will usually maintain the status quo of the child custody arrangement. However, this decision will largely be made using the “best interest of the child” standard – whether that includes one or both parents.
- Factors a Judge May Consider Include:
- Any pre-existing child custody arrangements
- Emotional ties between the child and their parents
- The amount of time each parent spends with the child
- History of domestic violence or substance abuse
- The ability of both parents to care for the child
There are some factors that judges will not consider. This includes the parents' moral character. The actions of one parent do not affect the decision unless their actions have a direct effect on the child. An affair, for example, would not be considered if the child never knew or does not understand.
How Do I Get Full Custody of My Child?
Gaining full custody of your child is a matter of demonstrating to the court that it would be in your child’s best interests. In other words, a parent must show that a different custody arrangement would negatively affect their child.
Courts will consider the following when it comes to protecting a child’s best interests:
- Any history of neglect or abuse
- Any history of drug or alcohol abuse
- A parent’s mental fitness to care for a child
- Existing parent/child bonds
- The child’s age and specific needs
Although the courts favor shared custody arrangements that allow the child to be raised by both parents, the courts will ultimately award custody to the parent deemed most able to provide a stable environment for the child.
Enforce Child Custody in San Diego County
Is your child's other parent preventing you from exercising your joint custody rights? Perhaps you are a non-custodial parent with visitation rights, but are being barred from visiting your child by the custodial parent. In these cases, you can ask the court to enforce your child custody order.
Since child custody is court-ordered, failure to comply with the court order places the non-compliant parent in contempt of court. Contempt can lead to serious penalties, which is what makes enforcement effective.
If you need to enforce child custody in San Diego County, our child custody lawyers can help! On the other hand, if you can no longer comply with a custody order due to a significant change in circumstances, like the need to relocate for work or due to financial constraints, then it is important to request modification of child custody as soon as possible before the other parent seeks to enforce custody.
Learn How Our San Diego Child Custody Attorneys Can Help
The process of filing for divorce and seeking child custody can be complicated, so finding the right attorney is crucial. At Moore, Schulman & Moore, APC, our San Diego child custody lawyers are here to help you from start to finish.
Don’t settle for inexperienced legal counsel when you can hire a Board Certified Family Law Expert from our firm. We are backed by more than 200+ years of experience. When you choose to work with our legal team, you can rest easier knowing yours and your child’s needs will come first.
Contact Us Today So That We Can Begin Working on Your Case
David Schulman is a Rock Star!!- Scott M.
Mr. Boyer and his staff did an excellent job throughout my entire divorce.- Jeff B.
Thank you for your excellent attention to detail and thoroughness.- Troy S.
I am so glad I retained Mr. Schulman- Christina
We couldn't be more thrilled with the outcome.- Chris