San Diego Child Custody Lawyer

On This Page:

• Types of Custody in California
• "Best Interests of the Child" – How Is Child Custody Decided in San Diego?
• Do I Need an Attorney for My Child Custody Case?
• How Do I Get Full Custody of My Child?
• Enforce Child Custody in San Diego County
• Find a Good Child Custody Lawyer in San Diego

There are two main types of custody in California - legal and physical.  

• 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.

Additionally, child custody can be granted as either sole or joint custody. Sole custody means one parent has primary physical and legal custody of the child, while the other parent may have visitation rights. Joint custody means that both parents share physical and legal custody of the child, with each parent having roughly equal time with the child.

It's important to note that joint custody doesn't necessarily mean a 50/50 split of time with the child. Rather, joint custody refers to both parents sharing decision-making authority for the child and having significant time with the child.

Ultimately, the court's decision will be based on what is in the best interests of the child. It's important to work with an experienced family lawyer who can help you navigate the complexities of California's child custody laws and fight for the custody arrangement that is best for you and your child.

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.

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.

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.

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. 

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 TodaySo That a San Diego Child Custody Lawyer Near You Can Begin Working on Your Case!

Recommended Reading:

• Can I Modify My Custody Arrangement Without Going to Court?
• Are Fathers Less Likely to Get Custody During a Divorce?
• Paternity