Experienced Child Custody Lawyers in San Diego, California

Understanding the Child Custody Process in San Diego

In California, child custody is determined based on the best interests of the child. The court may consider several factors, including the child’s age, health, emotional ties to each parent, and the ability of each parent to care for the child.

Child custody disputes are where a majority of family law battles are fought and it is critical that you are fully prepared for that battle. Working with an experienced divorce and family law attorney at Fair Cadora can help you navigate the custody process to ensure the best interests of your children are accounted for.

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Child Custody Laws in California

Custody laws in California recognize that both parents have the right to share in the care, custody, and control of their children. When making a custody determination, the court considers several factors. The court may also consider the child’s preference if they are of sufficient age and maturity to make a reasoned decision. 

In California, parents may also agree on a parenting plan outside of court, which can outline the specifics of custody and visitation. However, the court must still review and approve the parenting plan to ensure it is in the best interests of the child.

It is important to note that custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a change in the child’s needs.

When determining the best interests of a child, the judge will consider:

• The ability of each parent to care for the child
• The parent and child’s emotional connection
• The child’s connection to their school, community, and home 
• The age and health of the child
• History of family violence 
• Parent history of regular or ongoing substance abuse

Types of Child Custody in California

There are two types of custody in California, legal custody and physical custody. Legal custody refers to the right to make important decisions for the child, such as those related to education, healthcare, and religion. Physical custody refers to where the child will live.

Parents may have joint legal custody, joint physical custody, or both. Joint custody means that both parents share custody and decision-making responsibilities for the child. Sole custody means that one parent has custody and decision-making responsibilities for the child.

Filing For Custody in San Diego

When filing for custody in California, there is a petitioner and a respondent. The petitioner is the person who began the case by filing the first court forms and the respondent responds to the first court forms. 

Filing for custody involves the following steps:

1. Determine the appropriate court: Custody cases are typically filed in the family law division of the Superior Court in the county where the child resides.
2. Obtain and complete the necessary forms: You will need to obtain the appropriate forms for your custody case. The forms can typically be found on the California Courts website or obtained from the courthouse. You will need to complete the forms accurately and thoroughly, including information about you, the child, and the other parent.
3. File the forms: Once you have completed the forms, you will need to file them with the court clerk. You will be required to pay a filing fee, but you may be eligible for a fee waiver if you meet certain income requirements.
4. Serve the other parent: After you have filed the forms, you will need to serve the other parent with a copy of the documents. This can be done through personal service, where someone over 18 who is not involved in the case personally delivers the documents to the other parent, or through a process server or a registered process server.
5. Attend court hearings: After the other parent has been served, you will be required to attend court hearings, including mediation if required. During the hearings, the court will consider the best interests of the child and make a custody determination.

It is important to note that filing for custody does not legally separate you from the other parent in the event you are married. A legal separation or divorce is a separate process from fighting for custody. 

The custody process in California can be complicated, and when your children are involved it is more important than ever to not skip steps. Working with an experienced child custody attorney in San Diego is the best approach to getting a successful custody arrangement determined.

Modifying a Child Custody Agreement in San Diego

If there has been a significant change in circumstances since the initial custody order was made, you may be able to modify custody in California. Here are the steps to modify custody:

1. Determine if there has been a significant change in circumstances: The court will only modify a custody order if there has been a significant change in circumstances since the initial order was made. This can include a change in the child’s needs, a change in a parent’s living situation, or a change in the child’s relationship with a parent.
2. Obtain and complete the necessary forms: You will need to obtain the appropriate forms to request a modification of custody. These forms can be found on the California Courts website or obtained from the courthouse. You will need to complete the forms accurately and thoroughly, including information about the change in circumstances and why a modification is necessary.
3. File the forms: Once you have completed the forms, you will need to file them with the court clerk. You will be required to pay a filing fee, but you may be eligible for a fee waiver if you meet certain income requirements.
4. Serve the other parent: After you have filed the forms, you will need to serve the other parent with a copy of the documents. This can be done through personal service, where someone over 18 who is not involved in the case personally delivers the documents to the other parent, or through a process server or a registered process server.
5. Attend court hearings: After the other parent has been served, you will be required to attend court hearings, including mediation if required. During the hearings, the court will consider the change in circumstances and make a determination on whether to modify the custody order and how. 

We recommend seeking the advice of an experienced family law attorney to assist you with the process, as custody cases can be complex and emotionally charged. San Diego’s trusted child custody attorneys at Fair Cadora are prepared to help you petition, respond or modify your child custody agreement.

Schedule a Consultation with One of Our Expert San Diego Child Custody Attorneys

At Fair Cadora we offer a free case evaluation for potential new clients to help take some of the pressure off the custody process. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing a child custody issue and not sure where to start, contact one of our experienced San Diego child custody attorneys to schedule a consultation.