Child custody disputes are some of the most difficult legal battles a parent can face. Custody battles bear heavily on both of the parents and the children involved. Agreeing on a custodial arrangement or getting court-ordered custody is rarely simple, which is why it's important to have a qualified San Diego custody attorney from Moore, Schulman & Moore, APC by your side. Our custody lawyers in San Diego are ready to handle your unique situation.
With more than 200 years of collective legal experience, our child custody lawyers have 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 child custody lawyers in San Diego to provide the seasoned legal representation you deserve.
"Best Interests of the Child" – How Is Child Custody Decided in San Diego?
When it comes to child custody cases, San Diego 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, then 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 in a custody dispute include:
- Any pre-existing child custody arrangements
- Each parent's ability to care for the child
- The amount of time each parent spends with the child
- Emotional ties between the child and their parents
- History of domestic violence or substance abuse
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.
Do I Need an Attorney for My Child Custody Case?
In short, yes – you should always hire a child custody lawyer who deals with child custody cases if you are in a custody battle. Custody cases are complex and involve the future well-being of your children. Don't take risks by trying to work out an agreement or fight for custody in court without an aggressive San Diego child custody attorney on your side.
How Do I Get Full Custody of My Child?
Getting full custody of your child requires you to prove to the court that it would be in your child’s best interests. In other words, a parent must show that them not having full custody would negatively affect their child.
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 or parents deemed most able to provide a stable environment for the child. In order to prove that you are best suited to have full custody, you need a custody lawyer that handles child custody cases, particularly with cases for full custody.
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 in San Diego County.
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, our local child custody lawyers in San Diego County 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.
Types of Custody
- Physical Custody: This refers to where the child lives. In some cases this might include joint custody, with a child spending equal of specific amounts of time with each parent.
- Legal Custody: This refers to the right to make decisions about the children. This can include school, religion and medical care. Again some parents light aid joint legal custody.
- Sole Custody and Joint Custody: One parent might have joint or sole custody.
Find a Good Child Custody Lawyer in San Diego
The process of getting custody can be complicated, so finding the right local San Diego child custody attorneys near you 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. Our lawyers for custody of children are backed by more than 200+ years of experience. When you choose to work with our child custody attorneys in San Diego, you can rest easy knowing your and your child’s needs will come first.
Contact Us Today So That a San Diego Child Custody Lawyer Near You Can Begin Working on Your Case!
Certified Ten of our attorneys have earned the distinction of certified family law specialist.
Equipped Skilled in litigation and mediation, we are prepared to handle any type of divorce.
Attentive We respond quickly to clients and ensure they are always informed about their case.
Seasoned Our professionals have more than 200 years of combined family law experience.
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David Schulman Founding Partner & Board Certified Expert in Family Law
Erik Moore Founding Partner & Board Certified Expert in Family Law
Julie Westerman Partner & Board Certified Expert in Family Law
Jeremy Boyer Partner & Board Certified Expert in Family Law
Lauren Schmidt Partner & Board Certified Expert in Family Law
Kevin Polis Partner & Board Certified Expert in Family Law
Bryan Yerger Associate
Sarah Bear Associate
Jillian Minter Associate
Isabel Steinmetz Associate
Lindsey Dentino Associate
Kira Iwinski Associate
Lauren Haack Associate