La Jolla Child Custody Lawyer
Child custody is often a complicated legal process that can be highly emotional and contentious. At San Diego Divorce Lawyers, APC, we have over 30 years of experience helping parents fight to keep custody of their kids.
We also assist in preventing abusive parents from being around their children, arguing for or against move-aways, and handling other complex child custody cases in La Jolla, California.
Regardless of what you’re going through, we can help you navigate difficult situations and fight for the most favorable outcome. Contact our law firm today at (619) 866-3756 to discuss your case with a La Jolla child custody lawyer during a confidential consultation.
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Why Should I Choose San Diego Divorce Lawyers, APC For Help With My Child Custody Case in La Jolla, CA?
Child custody can be a highly complicated legal matter. It is pivotal that you are represented by a lawyer who understands complex California child custody laws.
At San Diego Divorce Lawyers, APC, we have spent years gathering, presenting, and arguing cases. We protect children and families in cases involving complex issues, such as domestic abuse, substance use, and mental health problems.
By painting a clear picture of the situation, we can ensure the family court judge has all the information necessary to make a decision about what is in your child’s best interest.
Our family law lawyers in La Jolla, CA have litigated countless child custody cases. We have proven time and time again that we can effectively present arguments based on facts and evidence that are best for our clients.
When you hire a lawyer from San Diego Divorce Lawyers, APC, you get:
- A team led by a Board-Certified Family Law Specialist
- A compassionate group of professionals who will treat your case like it’s our own
- A law firm with the resources necessary to handle your case
- Lawyers with decades of experience
Contact our family law firm today to learn more about how a La Jolla child custody attorney can guide you through this pivotal time in your life.
Types of Child Custody in California
Child custody affects the amount of time a child spends with each parent, as well as the decisions that can impact your child’s life and future.
There are several different child custody and visitation terms you should be familiar with, including:
- Legal custody – Legal custody is the right to make important decisions regarding your child, including medical, education, and religious choices. Parents with legal custody have the legal right to decide the type of healthcare treatment a child will receive and where a child will go to school.
- Physical custody – Physical custody is what most people think of as custody. It determines with which parent the child will spend time.
- Sole custody – Legal custody or physical custody may be sole or joint. In a sole custody situation, only one parent has that right. For example, if a parent has sole legal custody, they have the right to make decisions regarding the child. The other parent does not.
- Joint custody – With joint custody, both parents retain the right. For example, both parents may have physical custody. They may spend about equal time with the child, or at least they would have the opportunity to have the child live with them during certain times. Or, they could have joint legal custody, in which they both share the right to make important decisions about the child’s life. Parents may have one type of sole custody and another joint.
- Visitation – When sole custody is awarded to one parent, that doesn’t typically mean that the other parent will be excluded from spending time with the child. Instead, the other parent may be awarded reasonable visitation, allowing them to visit with the child at certain intervals.
The details of child custody and visitation may be included in a parenting plan or timeshare custody arrangement.
Who Gets Child Custody in La Jolla, California?
While child custody was often granted to the mother thanks to the tender years doctrine, this rule has been abolished in California. Therefore, there is no preference given to one parent over another based on their biological sex. Instead, child custody decisions are made based on what is in the child’s best interests.
The public policy is to ensure that children have frequent and continuing contact with both parents. Parties are encouraged to design child custody arrangements that provide meaningful time with both parents. Parents can create these arrangements on their own, with the help of lawyers, or in mediation.
If parents cannot reach a child custody agreement or the child is in danger, the case can be litigated.
In these custody battles, the court determines child custody based on what is in the child’s best interests by evaluating factors such as:
- The child’s health and safety
- Any documented history of domestic violence
- A parent’s mental health issues
- The child’s age
- The child’s stated preferences
- A parent’s drug or alcohol use
- The nature and frequency of contact between the child and each parent
- The child’s ties to the community
Contact our experienced family law attorneys in La Jolla today for targeted legal advice and guidance in your child custody case.
Types of Visitation Arrangements in La Jolla, CA
If one parent is granted sole custody, the other parent may be given visitation rights. This means the parent has the right to see the child. Depending on the way the visitation is structured, this could be at certain intervals based on a visitation schedule or upon the agreement of the parents.
Possible visitation arrangements the court may order could include:
- Scheduled visitation – Scheduled visitation is the most standard type of visitation in a La Jolla divorce or child custody case. It establishes a certain schedule in which the non-custodial parent will have time with the child. For example, the parents may decide that the non-custodial parent will visit with the child every other weekend, one weekday a week, and certain holidays each year. The parents can agree upon a schedule, or the court can order one.
- Reasonable visitation – Reasonable visitation uses a predetermined number of visitation hours each month. It does not include specific dates and is more likely to be ordered when the parents have unpredictable work schedules.
- Supervised visitation – Supervised visitation occurs when visitation takes place while another person is supervising, such as the other parent, another family member, a professional agency, or some other party. Supervised visitation is typically only ordered when the court believes a parent may be a threat to a child or there is a history of abuse.
- No visitation – A court may decide that visitation is not in the child’s best interests and not order any amount of visitation. This can happen if the parent has a history of drug abuse or has a documented history of domestic violence.
An experienced La Jolla child custody and visitation lawyer can evaluate your situation and explain the possible outcomes that may apply to your case.
How To Reach a Child Custody and Visitation Arrangement
There are many different pathways to obtaining a child custody and visitation arrangement. You and the other parent may agree on these matters. However, you will still need to draw up a written agreement and have the court authorize it as an order to enforce it. You could also develop an agreement by participating in mediation.
In some cases, a child custody lawyer may be able to negotiate an agreement on your behalf, minimizing the need to interact with the other parent. Finally, we can take your case to court to help prove why the child custody arrangement you are seeking is best for your child.
Other Legal Matters We Assist Families With
Our attorneys are highly experienced in handling various types of family law cases throughout La Jolla, San Diego County, and surrounding areas.
We help clients with:
- Divorce – Our California family law attorneys can help walk you through the divorce process, including property division, child custody, and more.
- Alimony – Alimony payments are not ordered in every divorce case. However, when one party has sacrificed their career to support their spouse or the family unit, they may be able to receive monetary payments until they can become financially self-sufficient.
- Legal separation – We can review your case and explain the pros and cons of seeking a legal separation rather than divorce.
- Child support – Our legal team can evaluate your situation, review California’s Child Support Guidelines, and determine the amount of child support that is appropriate for your case.
Our firm also helps with post-judgment modifications and enforcement actions. Contact our La Jolla family lawyers today for assistance with any of the above legal issues.
Contact Our Trusted La Jolla Child Custody Lawyers Today For a Free Consultation
If you are going through a child custody battle, it is important that you work with an experienced attorney. San Diego Divorce Lawyers, APC can explain the process to you, advise you of your rights, and represent you during the process.
Our team of family lawyers understands what’s at stake and how important the case is. We will work tirelessly to fight for what’s best for you and your children. Call our La Jolla child custody lawyers today for your confidential case review.