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One of the main issues in a divorce involving children is who has physical custody how much time each parent has with the child. This is known as “custodial timeshare” or “percentage timeshare.” The percentage timeshare you have with your children will have a direct impact on the amount of child support you pay or receive. The San Diego child custody lawyer at Scott Family Law can help you sort out the details of your specific case, ensuring the best possible result for your situation.
Divorce and child custody disputes are never easy, but every San Diego child custody attorney at our firm can help. In custody matters, the courts focus on the safety, health, and welfare of the child. Our divorce lawyers have the knowledge and experience to effectively represent your interests and those of your children.
There are two types of child custody in California:
1. Legal custody: This refers to the authority of a parent to participate in major decisions affecting the child’s welfare, health, and education. Examples of this include:
2. Physical custody: This term means the physical presence of the child with a parent. It refers to where the child will live after a divorce or separation.
California statues promote that children have equal relations with both parents. Even is one parent has primary custody (as defined by the child staying with that parent over 50% of the time) the judge will allow the non-custodial parent to have adequate visitation.
In a joint physical custody arrangement, both parents have significant periods of physical custody of the child, but not necessarily equal time. A judge that awards joint legal custody may or may not also award joint physical custody. When both parents agree, California courts favor joint legal and joint physical custody. However, if they do not agree, there is no presumption either for or against joint custody. California’s laws tend to prefer joint physical custody so that the children have equal time with each parent. Sole physical custody is usually only ordered in the most specific of circumstances.
There are many benefits to negotiating a parenting arrangement. The reason is that that you know what is best for your child and your individual schedules. Because of this, most judges usually prefer that the parents decide on their own parenting agreement and will not interfere unless there are problems between the parties. In cases where the parents cannot agree on custody and visitation arrangements, the court will order custody and a visitation and holiday schedule.
Judges evaluating custody cases must rule in the best interests of the child and are not permitted to give preference to either parent based on gender. The two guiding policies in determining the best interests of the child under state law are:
In determining child custody, the court must consider a number of factors, including:
Custody disputes can be emotional and stressful. Our experienced attorneys at Scott Family Law in San Diego can effectively protect your rights as a parent, pursuing a favorable outcome in the best interests of your children in a family court. Contact our child custody attorneys in San Diego for the best possible outcome in your divorce proceedings.