San Diego Divorce Attorneys Blog
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.
Families today don’t always follow the “Mom-Dad-Kids” template. Around San Diego, you’ll find LGBTQ+ co-parents, polyamorous families, platonic co-parents, cohabiting exes, stepparent blends, and chosen families of every kind. Yet, California’s legal framework, which is built largely for traditional two-parent, biological scenarios, can leave these modern families vulnerable.
Divorce is often talked about as a legal process, referencing a set of documents, court dates, and custody schedules. However, for many adults, divorce can shake their sense of safety, identity, and trust, leaving emotional wounds that feel more like trauma than just heartache. Legally, people tend to focus on the logistical divorce process and assume it is over after these tasks are completed. However, there is a reality to divorce PTSD that affects many divorced individuals.
When a marriage ends, one of the hardest questions for separating parents is: where will the children call home? The traditional model usually means kids split their time between two households, which can create an upheaval in routines, friendships, and emotional stability. However, a growing trend known as birdnesting (or “nesting”) changes that dynamic.
California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.
For many parents who disagree on child custody, family law mediation can be a step in the right direction. Mediation is a last-chance effort to establish agreeable terms and avoid litigation.
After you finalize a divorce, the hope is that you won’t have to deal with issues with your ex-spouse any longer. Unfortunately, divorce isn’t always the end for some people. This can be especially true when children are involved. If you were married with minor children, it’s likely that child custody came up as a term of the divorce. If you’re struggling with the terms of your child custody outcome, here are several tips for navigating disputes in California.
You’ve been served divorce papers, and you’re not sure what to do next. Navigating a divorce can be stressful and confusing due to the emotional implications of the process alone. Moreover, every divorce is different, so it can be difficult to know what to expect out of the process. Depending on the unique facets of your marriage, divorce settlements can involve any number of terms and conditions.
After you finalize a divorce, you want to believe that it’s the end of overcoming challenges with your ex-spouse. Unfortunately, this isn’t always the case, especially if children are involved. If your ex-spouse is not following the terms of your divorce, contact a California family law attorney. A trusted family lawyer can help you figure out how to proceed with certain situations, such as what to do if your ex-spouse is not paying spousal support in California.