How Child Custody Decisions Are Made in San Diego

Child custody decisions can have a significant impact on a child’s daily life, relationships, and long-term stability, so understanding how child custody decisions are made in San Diego is very important. When going through a custody battle, it is imperative to understand the importance of parenting plans in order to protect parental rights and a child’s best interests.

In San Diego, the “best interests of the child” standard is used to determine child custody based on California law. Factors considered may include each parent’s history of providing care, the child’s health and safety, and the ability to maintain strong family relationships.

Hire a Child Custody Lawyer

With decades of combined experience, we provide skilled legal representation in all aspects of California family law. Known for our compassionate yet strategic approach, we have guided countless San Diego parents through complex custody matters.

Our deep understanding of local court procedures and California statutes allows us to craft effective strategies that protect both parental rights and children’s best interests, ensuring our clients are informed and supported at every stage.

Understanding California’s “Best Interests of the Child” Standard

In San Diego custody disputes, the judge is required to follow the state of California’s “best interests of the child” standard in making custody orders. This legal standard promotes the child’s health, safety, and emotional ties. It goes beyond the parents’ desires and emphasizes custody arrangements that provide stability for the child.

The court will look to the parents’ ability to maintain a safe living environment, encourage healthy family relationships, and attend to the child’s physical and emotional needs when making a custody order. School records, witness testimony, or evidence of past caretaking may be presented as evidence. This standard is used in both the initial custody order and future modifications.

Types of Child Custody in California

California law recognizes two main forms of custody: legal custody and physical custody. Legal custody is a parent’s right to make decisions concerning the health, education, and welfare of the child. Physical custody pertains to where the child will reside and how time will be allocated between parents.

Parents in San Diego may share joint custody of the children, dividing the responsibilities, or one parent may be given sole custody and greater parental rights. Judges can order joint legal custody and grant primary physical custody to one parent in certain situations.

In FY 2023, California Superior Courts Family & Juvenile Division saw 75,539 child support-related filings, according to the Judicial Council of California’s 2023 report.

Parenting Plans and Mediation Through San Diego Family Court Services

In San Diego, California, most parents will be required to go to mediation through Family Court Services (FCS) before a custody hearing at the Superior Court of California, County of San Diego. During mediation, both parents have a chance to discuss and work out a parenting plan that will address schedules, holidays, and decision-making.

If parents can reach an agreement, the mediator will submit the parenting plan to the court for approval, and if not, the mediator can submit a recommendation to the judge. The mediation process helps to reduce conflict and is an opportunity for both parents to have a say in the terms of the final agreement. A written parenting plan also helps the child to know what to expect during the time he or she spends with each parent.

Key Factors Judges Consider in Custody Cases

Judges consider many factors in San Diego when making custody determinations. These include a child’s age, health, emotional needs, and relationships with each parent. A parent’s history of caregiving, work schedule, and ability to co-parent are also important.

Evidence of domestic violence, substance abuse, or unsafe living conditions may also influence a judge’s decision. Judges exercise considerable discretion to tailor custody orders that meet each child’s unique requirements.

FAQs

Q: What Does “Best Interests of the Child” Mean in San Diego Custody Cases?

A: “In the best interests of the child” means that in San Diego custody cases, the courts make their determinations based on the legal standard of what best meets the child’s needs for safety, health, and emotional growth. The courts consider a number of factors to determine how well each parent has served as the child’s caregiver historically, their connections to school and community, and each parent’s capacity to provide a safe and stable home.

Q: How Is Legal Custody Different From Physical Custody?

A: Legal custody in California differs from physical custody in that legal custody entails the right to make decisions regarding a child’s upbringing, including their education and medical care. Physical custody, on the other hand, pertains to where the child resides and the amount of time spent with each parent. Custody can be either joint or sole in both legal and physical contexts.

Q: How Common Is Divorce in the United States?

A: Divorce in the United States is tracked by the rate of divorces per population in a given year. As reported by the Centers for Disease Control and Prevention (CDC), the United States had a 2023 divorce rate of 2.4 per 1,000 total population. This rate is equivalent to 672,502 divorces nationwide for the 45 states and the District of Columbia, which report to the CDC.

Q: Can Custody Orders Be Changed After They Are Finalized?

A: Custody orders in San Diego may be modified even after they have been finalized if there has been a substantial change in circumstances. Parents may request modification due to relocation, a change in the child’s needs, or concerns about the care provided by the other parent. Judges determine modification requests based on the “best interests of the child” standard.

Contact a San Diego Child Custody Lawyer

Dealing with child custody decisions in San Diego without an accomplished legal team can be a daunting task. You want to make sure you are making the right moves to protect your rights as a parent as well as your child’s best interests.

At Bickford Blado & Botros, we are well-versed in the local court processes and know California child custody laws inside and out. We are here to help you and will provide zealous, compassionate representation in each of your cases. If you are dealing with a custody issue, contact our office to set up a confidential meeting with an experienced San Diego family law attorney.

 

 

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