Child Custody Attorney In San Diego, CA
Divorce can be difficult and life-altering. It can take its toll not only on the spouses involved but also on the children who are often thrust into the middle of the process and asked to simply go along with the outcome. With so much at stake, it is vital to work with an experienced San Diego child custody lawyer to ensure that your child’s rights are protected throughout the divorce process and the outcome is in their interests.
The San Diego child custody lawyers at Neumann Family Law, A.P.C., are knowledgeable, compassionate, and aggressive family lawyers who care about their clients and their clients’ families. You will be treated as an individual, with care and respect. We look forward to speaking with you.
We are here to provide a complimentary phone consultation to discuss your child custody case. You will have the opportunity to speak to a child custody attorney about your case and to grasp a better understanding of how to proceed in your case.
A Complimentary Phone Consultation to Discuss Child Custody Case
Virtually endless personal issues and circumstances arise in child custody matters. This is natural, seeing that the family unit is, in essence, being torn apart. Therefore, child custody matters tend to be an emotional and contested aspect in divorce proceedings, especially when both parents are close to their children or when one parent has had virtual control over the children since birth.
If you are facing a custody matter, contact our San Diego child custody attorneys at Neumann Family Law, A.P.C., today to arrange your complimentary phone consultation.
In San Diego custody cases, the court seeks to determine what is in the best interests of the child. The San Diego divorce attorneys at Neumann Family Law, A.P.C. have the extensive experience, legal knowledge, and courtroom skills that are absolutely required to confidently represent you in your child custody case.
Most of all, we understand that custody issues concern your most precious and beloved children, who are the most important and meaningful relationships of your life. We will do everything in our power to attain a custody arrangement that you and your children are happy with, an arrangement that satisfies everyone’s desires.
Determining Legal, Physical, Sole, and Joint Custody
It is better for the family when the parents create their own custody arrangements. If the parents cannot agree upon a plan, the court will make its own custody agreement determination. The court has sole discretion in matters of custody. As such, both parents are generally treated equally, and custody determinations are made based upon the individual circumstances and fitness of each parent. There are four custody aspects that will ultimately be decided:
- Legal custody: The day-to-day decisions of the children’s education, health, and general well-being
- Physical custody: The amount of custodial time with a child that’s awarded to each parent
- Sole legal custody: When one parent has the authority to make the decisions for the children’s education, health, and well-being
- Joint legal custody: When both parents share the decisions related to the children’s education, health, and well-being
Your San Diego child custody lawyer at Neumann Family Law, A.P.C., will sit down with you and help you determine these very important matters. We always make a concerted effort to avoid litigation.
How Is Custody Determined in California
With 490,219 households and nearly 21% of the population under 18, San Diego sees many custody disputes in a given year. Child custody in California is determined based on the best interests of the child. The judge overseeing a case considers factors like each parent’s ability to provide a stable environment, the child’s health and safety, and any history of abuse or neglect.
Legal custody determines which parent, or parents, have decision-making authority for a child. Physical custody means the amount of custodial time with a child that is awarded by the court to each parent. Both parents can agree to those terms. During a contested case, the courts may play a more active role in deciding the terms of the final custody agreement.
What Is a Move-Away Request?
California’s overall divorce rate of 5.88 per 1,000 residents shapes family court cases in San Diego, where cases are typically heard at the Central Courthouse at 1100 Union Street in San Diego. A move-away request occurs when one parent seeks court approval to relocate with a child, which can potentially affect the existing custody agreement.
These requests often arise after a divorce or separation and can involve moving out of state. The courts carefully consider the rights of the other parent in these disputes and how the move could affect the child’s stability, education, and relationship with the other parent.
Understanding the UCCJEA and Why It Is Important
Even when cases begin in Balboa Park, Barrio Logan, Bird Rock, and other areas in San Diego, they can involve out-of-state disputes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority to decide custody matters.
The UCCJEA can be used as an enforcement mechanism for enforcing violations of child custody exchanges. The Act also prevents either parent from “forum shopping” by establishing the child’s home state. The UCCJEA can provide the basis for establishing jurisdiction and enforcing custody disputes when they arise.
Grounds for Supervised Visitation in San Diego
Supervised visitation may be ordered when a court determines that unrestricted parenting time could place a child at risk. Common grounds may include:
- Allegations of abuse
- Substance misuse
- Untreated mental health issues
- A history of domestic violence.
A judge may order supervision when a parent has had limited prior contact with the child. Supervision can occur through a professional agency or a trusted third party. The goal of supervised visitation is to protect the child while allowing a parent to maintain contact under safe, structured conditions.
Evaluating Child Custody Claims in California
During a divorce, both parents can determine the terms of the final agreement. Custody cases are often disputed, which can mean that the courts must play an active role in deciding parental rights and custody schedules.
When a judge makes those decisions, they first review the evidence and hear arguments from both parties. They may also consider the parenting history and the ability of each party to cooperate with the other party. Other deciding factors could include each parent’s past caregiving roles and their abilities to provide a safe and stable environment for the child.
Hire a Child Custody Lawyer
If you are going through a custody dispute in San Diego, your top priority should be to hire a child custody lawyer who understands California’s child custody laws. With support from a San Diego child custody attorney, you can take active and decisive action to protect your rights and interests. An attorney can gather evidence, refute false accusations, and request hearings, so the outcome of your child custody case protects your parenting time with your child.
FAQs About San Diego, CA Child Custody Laws
How Much Does a Child Custody Lawyer Cost in California?
The cost of legal representation in a custody case depends on the time and resources that your lawyer puts into your case. Experienced attorneys with a positive reputation may charge more for their services than a less experienced lawyer. Family law attorneys typically bill by the hour and require an upfront payment known as a retainer. Reputable lawyers should be open and transparent about their billing practices.
What Is the Biggest Mistake in a Custody Battle?
The biggest mistake in a custody battle is to go to court without strong legal representation. Lawyers play a key role in shaping the outcome of custody cases. Your attorney can learn about your goals before focusing on the right strategy for protecting your rights and interests in court. If needed, your attorney can act quickly to fight false accusations and other acts by the other parent.
What Looks Bad in a Child Custody Case?
Saying disparaging remarks about the other parent looks bad in family court. Regardless of your personal feelings toward the other parent, it is advisable to stick to the facts during a hearing. Focusing solely on your interests and not those of your child is another mistake that can reflect poorly on you during a court case. Trust your attorney’s advice so you avoid making regrettable mistakes that could weaken your case.
What Helps in a Custody Case?
What helps in a custody case is to have a plan. Once you meet with your attorney, you can gain a better understanding of your options. The right strategy can help you focus on efforts, so your final agreement protects your parental rights and long-term interests. Two main considerations are whether your strategy focuses on litigation or negotiation.
Contact A San Diego Child Custody Lawyer Today
Going through a custody case can feel like everything is on the line. When you secure representation from the attorneys at Naumann Family Law, you benefit from our collective decades of experience and track record of securing favorable outcomes for clients in court.
Our legal team understands the complexities of custody cases and how they can affect divorces involving large estates and considerations about protecting the standard of living of children following a divorce. Trust our team of skilled litigators to handle your case with the care and integrity that it deserves. Contact our office today to schedule your consultation.
*CFLS: Certified Family Law Specialist by the State Bar of California Board of Legal Specialization.
