Del Mar Child Custody Lawyer

Del Mar Child Custody Attorney

Child custody issues are some of the most complex and emotionally exhausting parts of divorce or separation cases. A Del Mar child custody lawyer can explain the law, your rights, and the options available for child custody and visitation, whether you have just begun divorce proceedings or are looking to change an existing child custody order.

About Andy Cook Law

Andy Cook Law is a family-law-only firm. Andy Cook is a Certified Family Law Specialist (CFLS), which is a designation given to lawyers who have demonstrated advanced competency in the areas of custody and family law. We have spent many decades helping parents understand the law, resolving their disputes, and creating customized solutions that are in the best interests of their children.

We’re familiar with courts in the Del Mar area, including the Family Law Court on Union Street in San Diego.

Understanding Child Custody in California

In California, parents are considered to have equal rights to custody, and all custody decisions are made in the child’s best interests. According to California legislation, maintaining regular interaction between children and both parents should happen as often as feasible. There are two kinds of custody: legal and physical. Legal custody can be joint or sole.

Legal custody is the right to make decisions on behalf of the child in major life events, including education, healthcare, and religious upbringing. Joint legal custody is when both parents can take part in the decision-making process. Sole legal custody is when one parent can make decisions regarding major issues and does not need to have consent from the other parent.

Physical custody establishes which parent the child lives with and who has primary day-to-day responsibilities, such as mealtimes, school schedules, and general supervision. Joint physical custody is when the child lives with or spends a considerable amount of time with both parents. It does not have to be an equal split of time between parents.

Sole physical custody means that one parent is deemed the custodial parent, and the other parent may be granted visitation. Joint physical custody is easiest for parents who live in close proximity to one another and thus do not have lengthy commutes to and from school, daycare, and other daily activities.

Parenting Plans

Historically, custody has mostly and primarily been granted to the mother. While this is beginning to change, only about 20.1% of custodial parents were fathers in 2018. However, California law states that both parents are entitled to custody.

Parents can decide on custody and visitation by making a written parenting plan. This plan, also known as a custody and visitation schedule, must be filed with the court. Judges typically approve plans that they believe are in the child’s best interests. Parenting plans will typically cover the following:

• Where the child will live
• Visitation schedules
• Major responsibilities of each parent, including pick-up and drop-off schedules
• Major decisions, or how the parents plan to make them, regarding school, healthcare, and religion
• Special event schedules, such as holidays and school breaks

Special Considerations

If one parent has a history of domestic violence against another parent or the child, awarding sole or joint custody to that parent is presumed not to be in the child’s best interests. The court can still award sole or joint custody to the abusive parent if it finds that awarding custody to that parent is in the child’s interest, and the abusive parent has completed treatment or successfully complied with court orders.

Child custody laws in California acknowledge that children can form significant parenting connections with multiple adults beyond just two legal guardians. Judges have the power to recognize additional parents if it is in the child’s interest. Judges can allocate custody and visitation to multiple parents in a way that promotes stability and the child’s emotional relationships.

The court also takes children who are old enough to have informed opinions into account. If the child has an opinion or preference regarding custody, judges may take this into consideration. Judges typically interview children in chambers or appoint a guardian ad litem or social worker to represent the child’s interests.

FAQs

How Much Does a Child Custody Lawyer Cost in California?

The cost of a child custody lawyer in California will depend on a number of factors, including the Del Mar child custody attorney’s pay structure and the complexity of the case. Typically, if a child custody matter is contested, the cost will likely be higher, considering that contested issues will typically take longer in court.

What Is the Biggest Mistake in Custody Battles?

One of the biggest mistakes a person can make in a custody battle is openly arguing with the other parent. Judges look at the health, safety, and emotional welfare of the child in determining custody and visitation. Making derogatory statements about the other parent, refusing to cooperate, being hostile, and otherwise being disrespectful of the other parent and the court can seriously damage your case.

Who Wins Most Child Custody Cases?

California custody cases are not a competition where one parent “wins.” The courts start with the presumption that each parent should stay active in the child’s life. The outcome often depends on who can provide stability, meet the child’s day-to-day needs, and maintain a healthy relationship with the child. When both parents are fit, the result is often joint custody for balanced participation.

Is It Worth Fighting for Custody?

Yes, it can be worth fighting for custody, especially if it will make a difference in a child’s life, such as when their well-being, safety, or long-term stability is at risk. Fighting for custody can be in the best interest of the child if one parent is unfit or if the other parent cannot consistently care for the child. On the other hand, it may not be worth fighting if there is no real reason for conflict, as that will only add stress and cost.

Hire a Child Custody Lawyer Today

If you are trying to solidify a child custody arrangement, hire a child custody lawyer today. Andy Cook Law can help you through the process. Contact us today to get started.