San Diego Custody Lawyer

Helping You Navigate Child Custody Laws in California

In a perfect world, two parents would be able to come to a mutual agreement about parenting arrangements and child custody, but as our attorneys have seen, this just isn’t the case. Many times, it becomes necessary to enlist the services of a custody lawyer in San Diego who can help negotiate or mediate between two parents in order to come to an agreement about child custody. Whether it is sole custody, joint custody, physical custody, or legal custody you desire, a San Diego family attorney at Claery & Hammond, LLP can work tirelessly to get you the results you seek.

Child custody disputes are fairly common in San Diego, and many divorcing couples find themselves in the midst of these stressful matters each year. Whether it’s for personal reasons, fear of the other person’s parenting abilities, or the child’s wishes, there are many different reasons people fight for custody of their children. A skilled child custody lawyer from our team can examine all the aspects of your matter and will take great care to collect information that will help attain your wishes regarding child custody.

Protect your parental rights with our experienced San Diego child custody lawyer. Schedule your free consultation by calling (310) 817-6904 or reaching out online today.

What Do Judges Look For in Child Custody Cases in California?

In California, child custody is determined based on what is in the best interest of the child. This can include evaluating the child’s health, safety, and welfare, the nature and amount of contact with both parents, and each parent’s ability to support the child. 

Additionally, California courts evaluate several key factors when determining custody arrangements including:

• Parental Involvement: The history of each parent’s involvement in the child’s life is considered. Courts look at how actively each parent has participated in the child's daily routines and special activities.
• Stability of the Home Environment: A stable, secure home environment is essential for the child’s development. Factors such as housing, proximity to schools, and the overall safety of the neighborhood play a crucial role.
• Child’s Relationship with Each Parent: The quality and depth of the relationship between the child and each parent are carefully evaluated.
• Parental Fitness: The mental and physical health of each parent, including any history of substance abuse or domestic violence, can influence custody decisions.
• Child’s Preference: When appropriate, the court may consider the child’s wishes, particularly if the child is older and able to express their preferences in a mature manner.

These considerations can be complex, requiring detailed assessment and representation. Our legal team is experienced in handling these intricate guidelines, ensuring your rights are represented at every stage. Understanding these nuances can be crucial in developing the best strategy for your situation.

Does California Favor Joint Custody?

When deciding custody arrangements, one must consider both joint and sole custody options. In joint custody arrangements, both parents share legal and/or physical custody of the child. This setup often works best when parents can effectively communicate and cooperate to make decisions that benefit the child’s welfare and education. Our custody lawyers in San Diego provide comprehensive support to help facilitate cooperation between parents and construct joint custody arrangements that serve the interests of both the children and parents involved.

On the other hand, sole custody grants one parent exclusive legal or physical custody rights, typically when such an arrangement is deemed in the child’s best interest. This might occur in scenarios where one parent is incapable or unfit to fulfill the responsibilities of parenting. Our firm navigates these sensitive situations with the utmost care and discretion, assembling robust arguments that support the need for sole custody. Whether a client seeks joint or sole custody, we are committed to presenting clear, persuasive cases in court.

How a Visitation Lawyer in San Diego Can Support Your Visitation Rights?

Visitation rights are a critical component of many custody arrangements, providing non-custodial parents with time to foster meaningful relationships with their children. In California, parents are encouraged to develop a parenting plan that outlines each party’s rights and responsibilities concerning the child’s upbringing. However, not every couple can amicably agree on such a plan, leading to disputes. Our visitation lawyers in San Diego at Claery & Hammond, LLP are dedicated to advocating for fair visitation schedules that reflect the best interests of the child while respecting parental rights.

Visitation rights can vary widely depending on each family's unique circumstances. Factors influencing visitation schedules include parents’ work schedules, the child’s school calendar, and the distance between the parents’ residences. Our team assists clients in understanding state guidelines, formulating visitation schedules, and modifying existing orders when necessary. Whether you’re seeking to establish a new visitation schedule or adjust a current one, our goal is to ensure that your time with your child is protected and respected.

How Our Attorneys Can Help in Military Child Custody Cases?

San Diego is home to one of the largest military populations in the country, with multiple military bases and stations in the greater San Diego area. Our seasoned custody attorneys at Claery & Hammond, LLP are proud to provide experienced and dedicated representation to military parents who are fighting for custody of their children.

As active members of the military, you may be concerned that you will get the short end of the stick when it comes to a custody award. This is often the case, especially when deployment is involved; however, active military members still have the same rights as a non-active military parents when it comes to being considered for custody. Our attorneys will investigate every detail and build the strongest possible case to prove that you remaining actively involved in your children's lives is in their best interests.

We Represent Military Members Stationed At:

• Camp Pendleton
• Miramar
• Coronado
• Point Loma

Common Questions About Child Custody in San Diego

What Factors Do Courts Consider in Custody Matters?

In San Diego, like elsewhere in California, courts base their custody decisions on the best interests of the child. Important factors include each parent's ability to care for the child, the child’s age, health, and emotional ties to each parent, as well as the established living environment. Courts also consider any history of abuse by either parent. The primary goal is always to secure a scenario that promotes the safety, welfare, and happiness of the child. Our attorneys ensure these factors are presented compellingly to support our clients’ custody objectives.

How Can I Modify a Custody Order with a Custody Attorney in San Diego?

Changes in life circumstances can necessitate modifications to existing custody orders. To amend a custody arrangement in San Diego, a parent must demonstrate a significant change in circumstances since the last order was made. This might include a change in employment, relocation, or changes in the child’s needs. At Claery & Hammond, LLP, we guide our clients through the process of modifying orders, ensuring their needs and the child’s welfare are accurately represented in court.

What Are My Visitation Rights as a Grandparent According to a Visitation Lawyer?

Grandparents can play vital roles in a child's upbringing, and California law recognizes their potential rights to visitation. If a grandparent can demonstrate that visitation would be in the best interest of the child and does not interfere with the parent-child relationship, courts may grant them visitation rights. Our team is experienced in handling grandparent visitation matters, advocating for family connections while respecting the boundaries of parental rights.

What Should I Do If My Ex Violates Custody Orders?

When an ex-partner violates a custody order, it can be incredibly stressful. It’s essential to document each violation and communicate the impact it has on your ability to maintain scheduled visitations with your child. Courts take these matters seriously, and our team at Claery & Hammond, LLP will help you bring these violations to light, ensuring you and your child’s rights are upheld. We focus on creating resolutions that restore the terms of the custody order through negotiation or enforcement proceedings.

How Do I Prepare for Child Custody Mediation in San Diego?

Child custody mediation provides an opportunity for parents to resolve their disputes outside of court, which can be less adversarial and more cost-effective. To prepare for mediation, organize all pertinent documents, including any relevant communications and your proposed parenting plans. Arriving with a clear understanding of your goals and an open mind will help facilitate a productive dialogue. Our attorneys offer preparatory support, helping clarify your objectives and equipping you with strategies to assertively present your perspective during mediation.

Contact Claery & Hammond, LLP

Very few things in life are as important to you as your children, and when you find yourself involved in a custody dispute, it can be a terrifying situation. The possibility of losing custody of your children can be enough to send some people into distress, but luckily there is something you can do to help protect your interests and your child’s future.

A family lawyer from Claery & Hammond, LLP can address your situation in an effort to get the results you want, and whether this includes full custody, joint custody, or simple visitation rights, your attorney can fight aggressively to resolve the matter to your satisfaction. If you need help getting physical custody, joint custody, or sole custody of your children, contact a San Diego custody lawyer from our team today to discuss your situation and learn about your options!

Having an experienced law firm by your side can alleviate much of the anxiety related to custody proceedings. Our dedicated legal team provides not only advocacy but also insight into California's custody laws, options, and potential outcomes. We are committed to providing personalized strategies that align with your unique family dynamics and goals, offering guidance every step of the way.

Need guidance on child custody matters? Speak with a trusted San Diego child custody lawyer. Call (310) 817-6904 or contact us online to book your free consultation now.