Frequently Asked Questions
In California, there are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make decisions about a child’s welfare, including decisions about education, healthcare, and religious upbringing.
Physical custody refers to where a child will live and who will have caregiving responsibilities. Courts will generally order joint legal custody, meaning that both parents have a say in major decisions about the child’s welfare. However, the court in San Diego County may award sole legal child custody to one parent if it finds that joint legal custody is not in the child’s best interests.
Contact our San Diego attorneys who specialize in child custody matters for a free consultation.
Child custody in San Diego County is generally determined by the court based on the best interests of the child, and considers many factors when making a custody determination, including (but not limited to):
- The health and safety of the child
- The preferences of the child
- The relationship between the child and each parent
- Each parent’s ability to provide for the child’s needs
- Any history of abuse or neglect by either parent
- The geographical distance between the parents’ homes.
If the parents cannot agree in a San Diego child custody case, the court will make a decision based on these and other relevant factors.
Parental relocation becomes an issue when one party wishes to move out of state with the children, especially in joint custody cases. Depending on your custody and visitation agreement, a move that substantially increases the geographical distance between one parent and a child will require consent of the other parent or permission of the court.
Whether you are the moving or non-moving parent, our knowledgeable San Diego child custody lawyers can advise you on relevant factors to consider when requesting or opposing a move with children.
The parent who has been the primary parent of the children prior to the divorce being filed will likely be given primary custody to maintain the status quo. Family courts in California do not favor a parent’s request for custody based on their gender, only the best interest of the child.
If you are going through a custody battle or wish to get joint physical custody, it is important to consult with an experienced child custody attorney who can help you navigate the legal process and protect your rights.
Whether it’s because of domestic violence, substance abuse, divorce, or another reason, our team at JWB Family Law understands the challenges you are facing, and we are here to help. We will provide you with the legal guidance and support you need to make informed decisions about complex child custody cases.
We will work tirelessly on your behalf to ensure your rights are protected during your divorce, help you with your child custody case in Temecula, and assist you with your child custody proceedings in El Centro. Our firm also offers services for military personnel going through a divorce and assists you in resolving the dispute through mediation in San Diego and the region.
If you’re facing a divorce battle in Imperial County or in Temecula Valley AVA, contact our family law firm today and let us help you navigate the complexities of the legal system. Our child custody lawyers can help you with cases regarding both joint custody and cases in which the other parent is the sole custodial parent of the child involved. We’ll take you through all the court hearings, be there in case one parent needs to alter the current custody arrangement and provide a professional legal perspective.