Child custody is a common pain point in contentious divorce cases in San Diego. If two parents cannot work together to create a custody agreement on their own, the courts will intervene. How a judge decides child custody is based on California’s custody laws, the individual situation and what is in the best interest of the child. Reach out to our child custody lawyer in San Diego for assistance with attaining custody.
The Golden Standard: A Child’s Best Interest
In all custody and visitation decisions, the standard used by courts in San Diego is a “child’s best interest.” This is the primary focus of custody determinations. The best interest standard refers to what custody scenario is going to meet the child’s needs physically, financially and emotionally. No custody decision will be made that does not put the child’s interests first and foremost.
What Is Factored Into a Child Custody Determination in San Diego?
When a custody case goes to court, a judge is required to abide by state and county custody laws to aid in his or her decision-making. California Family Code sections 3000-3465 are the main laws pertaining to child custody determinations in the state.
These laws list a variety of factors used by the courts to create custody orders, including:
- The child’s schedule and daily life prior to the divorce
- The child’s connections to his or her existing school and community
- The relationship the child has with either parent
- The child’s age (and, if old enough, the child’s desired arrangement)
- Whether or not the child has special needs
- Each parent’s ability to meet the needs of the child
- Any history of substance abuse or child abuse/neglect
During a court custody case, a judge may analyze a variety of types of evidence to determine the living arrangement that is best for the child. This can include character witness statements, psychological evaluations of the parents and each parent’s caregiving history.
Physical vs. Legal Custody
Many combinations of custody arrangements are possible. The courts can grant a parent physical custody, legal custody or both types. Physical custody refers to where the child physically is, meaning which parent the child is living with. A parent with physical custody has a responsibility to ensure the child’s physical and emotional well-being and meet basic care needs.
Legal custody is a parent’s right to make important decisions on behalf of a child. This can include matters regarding the child’s education, extracurricular activities, religious upbringing, and medical and dental care. It is most common for both parents to retain legal custody of a child, but it may only be granted to one parent in some situations.
Joint vs. Sole Custody
A judge can also decide between assigning a parent joint or sole custody of a child. Joint custody is a shared living arrangement between both parents. It is the most commonly chosen type of custody agreement, as the California courts generally believe that it is better for a child to remain in continuing contact with both parents after a divorce.
Sole custody may be given to one parent only, however, if the courts believe that spending time with the other parent could cause potential harm to the child. With a sole custody arrangement, the noncustodial parent may or may not have visitation rights.
For more information about custody decisions in San Diego, contact Boyd Law for an evaluation of your case.
