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San Diego Child Custody Lawyer

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 lawyers at Scott Family Law can help you sort out the details of your specific case, ensuring the best possible result for your situation.

Why Choose Scott Family Law

  • At Scott Family Law in San Diego, we are open and transparent in our actions.
  • Our San Diego Family lawyers develop strategies based upon your specific needs.
  • When children are involved in family law matters, we are committed to protecting their best interests.
  • We have a successful track record of obtaining favorable outcomes for our clients.

Do You Need a San Diego Child Custody Lawyer?

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 lawyers have the knowledge and experience to effectively represent your interests and those of your children.

Custody Options in California

There are two types of child custody in California:

  • Legal custody: This refers to the authority of a parent to participate in major decisions affecting the child’s welfare, health, and education.
  • Physical custody: This term means the physical presence of the child with a parent.

What Is Joint Custody?

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.

Guiding Policies in Awarding Child Custody

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:

  • Health, safety, and welfare of the child are the primary concern of the court; and
  • Frequent contact with both parents is beneficial to children.

What Factors Do Judges Consider in Child Custody Issues?

In determining child custody, the court must consider a number of factors, including:

  • Health and safety of the child: Custody or unsupervised visitation may not be granted to parents who have been convicted of certain crimes, engaged in child or partner abuse, or habitually and continually engaged in alcohol or drug abuse.
  • Preference of the child: Courts are required to consider the wishes of the child regarding custody if the child is mature enough to make an intelligent choice. No particular age is specified for when the child’s preference will be considered.
  • Co-parenting skills: The court will consider which parent is more likely to encourage a positive relationship with the other parent. Judges view unfavorably any action that interferes with a child’s relationship with the other parent, particularly unfounded allegations of sexual abuse.
  • Stability and continuity: Judges favor keeping siblings together, maintaining established patterns of care, and protecting emotional bonds with primary caregivers.

Get In Touch with A San Diego Child Custody Attorney

Custody disputes can be emotional and stressful. Our experienced family law 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. Contact our San Diego child custody attorneys for the best possible outcome in your divorce proceedings.

Request a Free Consultation

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