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?
• Can Grandparents Get Custody?
• How Long Does a Child Custody Case Take?
• Enforce Child Custody in San Diego County
• Common Child Custody Case Mistakes
• 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:

• Health and safety
• Emotional and psychological well-being
• Parental capacity
• Developmental needs
• Continuity and stability
• The child's wishes
• Parent-child relationship
• Co-parenting ability
• Cultural and religious considerations
• Domestic violence or 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.

Health and Safety

The child's health and safety are paramount. The court evaluates each parent's ability to provide a safe and nurturing environment. Factors such as substance abuse, domestic violence, or any history of child abuse can significantly impact the court's decision. A stable and secure living arrangement is a fundamental consideration when assessing the child's best interests.

Emotional and Psychological Well-being

A stable emotional and psychological environment is crucial for a child's healthy development. The court considers each parent's ability to provide emotional support, love, and stability. The child's attachment to each parent and their adjustment to potential changes in living arrangements are also taken into account. Additionally, the court may consider the child's relationship with other family members and the potential impact of a custody arrangement on those relationships.

Parental Capacity

The court evaluates the capacity of each parent to meet the child's needs. This includes assessing their ability to provide basic care, supervision, and guidance. Factors such as employment stability, financial resources, and parenting skills are examined. The court also takes into consideration any mental or physical health issues that may affect a parent's ability to care for the child.

Child's Developmental Needs

The court considers the child's age, developmental stage, and individual needs. What might be in the best interests of a toddler could differ significantly from what benefits a teenager. The child's education, extracurricular activities, and healthcare requirements are also taken into account. The court aims to create a custody arrangement that supports the child's growth and development.

Continuity and Stability

Consistency plays a pivotal role in a child's life. The court evaluates the potential disruption caused by changes in living arrangements, schools, and daily routines. Maintaining stability can be especially crucial during times of transition, such as divorce or separation. Minimizing disruptions helps the child feel secure and supported.

Child's Wishes

In many jurisdictions, the court considers the child's wishes, particularly if they are of a certain age and maturity level. While the child's preference isn't the sole determining factor, it can provide valuable insight into their feelings and desires. The court weighs the child's wishes against other relevant factors to make a balanced decision.

Parent-Child Relationship

The strength of the bond between the child and each parent is pivotal. The court assesses the quality of the relationship, including factors like communication, bonding, and mutual respect. Encouraging a healthy relationship with both parents is often a priority, unless circumstances suggest otherwise.

Co-Parenting Ability

The court takes into account each parent's willingness and ability to cooperate and co-parent effectively. The ability to communicate, make joint decisions, and support the child's relationship with the other parent is a significant factor. A parent's willingness to facilitate a positive co-parenting relationship can greatly influence the court's decision.

Cultural and Religious Considerations

The court respects the child's cultural and religious background. These factors can impact the child's identity, values, and sense of belonging. When determining the child's best interests, the court considers how the custody arrangement will accommodate and respect these important aspects of the child's life.

Domestic Violence or Abuse

If there is a history of domestic violence or abuse, the court prioritizes the safety and well-being of the child and the victimized parent. Courts take allegations of abuse seriously and may limit or restrict a parent's custody and visitation rights if there is evidence of harmful behavior.

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.

Yes, under certain circumstances, grandparents in San Diego, CA can seek custody or visitation rights. It is advisable to consult with a qualified attorney to understand the legal options available in such cases.

The duration of a child custody case in San Diego, CA can vary depending on various factors, including the complexity of the case, court schedules, and the willingness of the parties to reach a resolution. It is recommended to consult with a legal professional for a more precise timeline.

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. 

Navigating a child custody case can be incredibly stressful and complex. There are several common mistakes that parents often make, which can negatively impact the outcome of their case:

• Not Hiring an Experienced Child Custody Attorney: One of the biggest mistakes parents make is trying to handle a custody case without the help of a qualified attorney. Child custody laws can be complicated, and a skilled lawyer can provide crucial guidance, represent your interests effectively, and help you avoid costly errors.
• Failing to Prioritize the Child's Best Interests: Courts focus on the best interests of the child, but sometimes parents lose sight of this in the heat of a custody battle. Prioritizing personal grievances or attempting to "win" against the other parent can backfire. It is imperative to demonstrate that you are willing to act in the best interests of your child.
• Disregarding Court Orders: Non-compliance with court orders is a serious mistake. Ignoring or violating custody, visitation, or support orders can result in legal penalties, including losing custody rights. Always follow court directives and seek legal advice if circumstances change and you need a modification.
• Bad-Mouthing the Other Parent: Being derogatory or critical of the other parent in front of your child or in court is highly detrimental. Courts frown upon negative talk because it affects the child’s well-being. Maintain professionalism and focus on showcasing your strengths as a parent rather than attacking the other parent.
• Inconsistency in Visitation and Communication: Failing to adhere to visitation schedules or maintain consistent communication with your child can harm your case. Show the court that you are a reliable and responsible parent who values and maintains a stable relationship with your child.
• Lack of Proper Documentation: Documentation is critical in custody cases. Keep thorough records of all interactions and communications with the other parent, as well as any incidents or issues that arise. Proper documentation can support your claims and provide evidence in court.
• Emotional Outbursts in Court: Court proceedings can be emotional, but it is important to remain calm and composed. Emotional outbursts or disrespectful behavior in court can hurt your credibility and negatively impact your case. Stay focused, articulate your points clearly, and demonstrate your ability to manage stress effectively.
• Neglecting to Show Willingness to Co-Parent: Demonstrating an unwillingness to cooperate with the other parent can be detrimental to your case. Courts prefer arrangements where parents can work together amicably for the sake of their child. Show your willingness to co-parent and facilitate a positive relationship between your child and the other parent.

Avoiding these common mistakes can significantly enhance your chances of a favorable outcome in a child custody case. Always seek the advice of a qualified attorney, focus on the best interests of your child, and present yourself as a responsible and cooperative parent.

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!

Recommended Reading:

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