Encinitas Child Visitation Lawyer

Encinitas Child Visitation Attorney

Families are the people we are to rely on, openly express ourselves with, and trust with our thoughts and feelings. When families experience a division, it can be overwhelming, particularly when the division involves a child. When parents decide to separate, the child they share is left with the stability of their home, suddenly uprooted, and how often they see each parent suddenly decides for them. An Encinitas child visitation lawyer can help you and your child.

Hire an Encinitas Child Visitation Lawyer

The team at Andy Cook Law has been representing California residents in all facets of family law cases since 1995. Our team understands that family law is deeply personal and complex and is dedicated to putting our clients’ needs and privacy at the forefront during every stage of legal proceedings. We offer free consultations to residents of Encinitas and surrounding cities.

Lead attorney Andy Cook has been recognized as a Certified Family Law Specialist by the State Bar of California, Board of Legal Specialization. This certification is awarded to only a select few attorneys in the state who have a minimum of five years of experience. We help individuals and their families in all types of situations. Our team is ready to take on your unique case.

Child Custody and Child Visitation Laws in California

Family law, including child visitation, is more common than you may think. Understanding this can help instill the confidence you need to support your child and navigate the legal road ahead.

The court that oversees child custody and visitation cases is the North County Regional Center, located at 325 South Melrose Drive in Vista. Between 2023 and 2024, there were 318,729 total family law cases filed in California. Child custody is common in California, with nine to 13% of Encinitas residents being divorced in 2024. Typically, during a California child custody case, the courts assume that joint custody is right for the child.

However, depending on your family’s unique dynamics, this may not be the right option. In 2022, 22.2 million children under 21 years old in the United States lived with only one parent.

The court may award some physical custody to one parent, with the other parent typically being awarded visitation rights. In these situations, the court may also grant both parents joint legal custody, meaning each parent has decision-making power for their child, such as where they go to school or church and their healthcare plans.

The Importance of a Parenting Plan

In California, during a child custody case, both parents must sign a parenting plan to submit to the court for final approval. This plan should outline:

• A visitation schedule
• Drop off and pick up times
• How holidays, birthdays, and other momentous occasions are spent
• Where the child lives
• Where the child goes to school
• The child’s medical plans
• Any other information specific to the child’s life, such as extracurricular activities and summer vacation plans

If the court believes the plan is in the child’s best interests, it typically grants it. If parents can’t agree on a parenting plan, a child custody evaluation may be ordered. During this evaluation, a licensed mental health professional reviews the child’s home life and safety to determine a custody plan that suits the child.

It’s important to hire a child visitation lawyer during this time to help protect your parental rights.

What to Do if Your Child’s Other Parent Violates the Custody Order

After a custody order is issued by the court, it must be followed. If it isn’t, there can be severe legal consequences. Violations can be small but repetitive, such as not following the drop-off and pickup times. Over time, these repeated violations can have repercussions on the offender. Violations can also be severe, such as not allowing you to see your child at all.

While being a victim of custody violations can be mentally damaging, you must stick to the custody agreement, even if your child’s other parent refuses to follow it. You should work with your attorney to report the violations to the court.

The court may find the other parent to be in contempt and may change the custody order or even charge the offending parent with a criminal penalty.

FAQs

At What Age Does a Child Have a Say in Custody in California?

In California, a child has a say in custody at the age of 14. At this point, they can express their wishes for custody to the court. However, if the court believes an alternative option is better for the child, the judge may disregard the child’s wishes. The court is always working towards the right outcome for the child, keeping their best interests at the forefront.

Can I Leave California With My Child Without Their Other Parent’s Permission?

You cannot leave California with your child without the other parent’s permission. If the move won’t interfere with the current custody order, you may be able to do so without special permission. However, moving out of the state typically affects the order. To move out of the state with your child, you should request a modification to the custody order and notify the child’s other parent.

Can a Child Custody Order Be Modified in California?

A child custody order can be modified in California. Common reasons for modifying a custody order can include a parent wanting to move, changes in a parent’s job or work schedule, red flags for the child’s safety, changes in the child’s health or educational needs, or a parent becoming unable or unfit to care for the child.

What Evidence Should I Gather for My Child Visitation Case in California?

You should gather extensive evidence for your child visitation case in California. Evidence can include documents related to your child’s lifestyle, such as their school and medical records, extracurricular activities, therapy notes detailing their mental well-being, and testimony from adults in the child’s life.

You can also include proof of the behavior of your child’s other parent, especially if they are combative or abusive. This proof can include emails, text messages, character witnesses, financial records, and police reports.

Encinitas Child Visitation Lawyer

Contact Andy Cook Law today to schedule a free consultation at our office in San Diego. Our attorneys are here to provide empathetic and easy-to-understand legal care. Don’t wait to get the answers and support you need. We work with individuals and families living in Encinitas and the surrounding cities throughout California.