Young children can be the hardest aspect of getting a divorce in San Diego. Determining how to divide time with children between divorced parents is not something the courts take lightly. For the most part, the courts believe children fare better with continuing and meaningful contact with both parents after divorce. The majority of custody arrangements in San Diego, therefore, are joint custody. Learn more by reaching out to our family attorneys in San Diego.
What Is Joint Custody?
Joint custody is a potential parenting plan that can be assigned by a judge as part of a divorce or dissolution of marriage agreement. It means that both parents will share custody of the minor child(ren) after the divorce.
There are two types of joint custody:
- Physical custody: the right to have the child physically, meaning the child is under the custodial parent’s roof.
- Legal custody: the right to make critical decisions for the child, such as regarding education and health care.
Joint custody may not mean an even 50/50 time split. There are many potential joint custody arrangements, such as 25/75 or 40/60, depending on what is best for the child. In addition, one parent may be assigned physical custody while the other has legal custody only (although uncommon).
When Will a Judge Choose Sole vs. Joint Custody in San Diego?
If a judge does not order joint custody, he or she may grant sole custody to one of the parents instead. Sole custody means that only one parent has parental rights and responsibilities. Sole custody may be a decision made if there are factors that could potentially affect the child’s well-being with one parent, such as evidence of neglect, abuse, domestic violence, substance misuse or criminal activity.
A judge will analyze the parent’s ability to provide a safe and stable environment for the child when making sole vs. joint custody determinations. If the court believes a child could be in potential danger in one parent’s custody, or that it is not in the child’s best interest to physically be with that parent, that parent can lose custody. Visitation may still be available, depending on the situation.
Can We Create Our Own Joint Custody Arrangement?
In California, the family courts encourage parents to work together and compromise on their own custody arrangements and parenting time schedules. Going to court and having a judge decide on custody should be a last resort. Ideally, two parents will be able to communicate with each other and come up with a custody arrangement that works well for them and protects the child’s best interests. A parenting plan created by the parents must be reviewed and approved by a judge to go into effect.
What if One Parent Breaks a Joint Custody Arrangement?
If a court orders joint custody, both parents are legally required to adhere to the terms of the agreement exactly. Violating a joint custody agreement can lead to significant penalties, including being held in contempt of court, losing custodial rights and even being accused of parental abduction.
Can I Modify a Joint Custody Agreement in San Diego?
Yes, you can request a modification of a parenting plan as a parent with joint custody of a child in San Diego. You can either work with your co-parent to agree to the change (and put it in writing for the courts to sign) or submit your request to the courts.
A court case can involve a hearing, where your ex-spouse will have the opportunity to contest the modification, if desired. You can also submit a request for emergency custody if your child is in immediate danger with your ex-spouse.
For more information about how joint custody works in San Diego, contact the child custody lawyers at Boyd Law for a case consultation.
