Child Custody
San Diego
Child Custody & Visitation
Likely the most important issue in Family Law is child custody. In fact, this issue is usually the source of most stress and contentiousness between parties.
California law provides judges wide discretion in determining custody and visitation arrangements. The initial standard for the Court is a determination that is in the best interest of the child. Factors the Court will consider include the age of the child, the health and educational needs of the child, the bond between the child and each parent, the ability of the parents to not just care for the child, but to foster a relationship between the child and other parent, any history of domestic violence or abuse against the child or other parent, and any mental health, substance abuse or other suitability issues with either parent.
In an ideal situation, some custody and visitation agreements are as simple as agreeing that the child will spend equal time with both parents, with visitation time as agreed by the parents. When both parents can put aside their differences or at least prohibit them from interfering with the interests of their children, understand that children have two biological parents and that each should play a significant role in the upbringing, and are able to communicate and co-parent in a healthy, civil manner, not only can a plan this simple custody plan work, but results in a much more healthy and peaceful life for both the parents and the children.
At the other end of the spectrum, in some contentious cases there are significant issues, real or perceived, which result in constant and repeated battles for custody and visitation rights. Often these types of custody cases are the result of highly emotional cases where personal issues or propensities by one or both parents interfere with co-parenting the child in a healthy and peaceful manner. Often the children get caught up in the middle of the dispute, which can be traumatic. These types of cases need to be handled expeditiously to correct the problems so as to protect the children.