Encinitas Child Custody Lawyer

Encinitas Child Custody Attorney

Child custody issues are one of the most emotional experiences a parent can go through. These tend to be very sensitive topics. Courts strive to reach an agreement that prioritizes the child’s best interest. If you are going through a child custody case, an Encinitas child custody lawyer can advocate for you and your child to reach a favorable agreement.

About Andy Cook Law: Certified Family Law Specialist

Andy Cook Law has been practicing family law since 1995, exclusively in San Diego County. We have an honest, mature perspective on how judges see and resolve custody cases. At Andy Cook Law, our primary attorney is a Certified Family Law Specialist (CFLS). This is a court-certified credential that indicates a higher level of knowledge and experience with California child custody laws and cases.

Andy Cook Law is familiar with the North County Regional Center Courthouse in Vista, which is where many Encinitas custody cases are handled. We are open and honest with the families we work with and have the experience to guide them through these challenging situations.

Understanding Child Custody in Encinitas, California

California recognizes two distinct custody types, which include legal custody and physical custody. Legal custody is the right to make major decisions affecting the child, such as those involving education, health care, and general welfare.

Physical custody specifies both the child’s living arrangements and the management of daily care needs. Custody can be shared by both parents or awarded solely to one parent when necessary. The main factor in all custody decisions centers around what serves the child’s best interest. This rule is used to help make sure the child’s health, safety, and welfare are prioritized.

How Custody Is Decided

In cases where parents do not agree about custody, a judge will determine what is in the best interest of the child. Factors that a judge may take into account include:

• The child’s age
• The overall welfare of the child
• Each parent’s relationship with the child
• The amount of time each parent spends with the child
• Each parent’s ability to provide a stable environment
• Any history of domestic violence or substance abuse

Legally, a judge cannot factor in a parent’s gender, gender expression, or sexual orientation when making these types of decisions. A person’s immigration status should also have no bearing on the case.

While custody has historically been granted to mothers more than fathers, courts uphold the fact that both parents are entitled to custody. Only 20.1% of custodial parents are fathers across the country.

Understanding Visitation Rights

Even if one parent is awarded sole physical custody, California law favors frequent and continuing contact with both parents if at all possible. Visitation for the noncustodial parent is often written into the order. A regular visitation timetable includes specific weekends and holiday periods, as well as vacation time.

Visitation can be supervised for safety reasons, if necessary. Judges try to be as clear and specific as possible in these orders to reduce conflict and to maintain the child’s relationships with both parents.

Modifying Court Orders in Child Custody Cases

Life happens, and parenting plans or custody agreements don’t always stay the same. One parent might need to change the custody arrangement if there is a significant change in circumstances. This could include changes to work schedules, relocation, or concerns about the child’s living situation.

The parent requesting the modification must prove to the court that the change is in the best interests of the child and that there has been a change in circumstances since the last order. Until a court approves a modification, both parents must continue to follow the original order. If parents can agree on changes to the order, they can submit a new parenting plan to the court for approval, which can make the changes legally binding.

FAQs

How Can I Afford a Lawyer for Child Custody?

Hiring a child custody lawyer may seem financially daunting, but there are solutions. Some lawyers offer payment plans or limited-scope services to make costs more manageable. Mediation can also reduce legal fees if both parents are able to cooperate. In some cases, one parent can even be ordered by a judge to contribute to the other’s attorney fees. Speak with your Encinitas child custody attorney to discuss payment.

How Do I Get 100% Custody in CA?

In California, in order to get a 100% (sole) custody order, a parent has to prove to the court that sole custody is in the best interests of the child. Courts grant sole custody in situations involving safety problems, including domestic violence or drug abuse, along with neglect. The court will review any evidence provided and make a decision as to whether this type of order is appropriate.

What Looks Bad in a Custody Case?

Behaviors that harm the child’s well-being can “look bad” or undermine a parent’s credibility in custody cases. This includes non-cooperation with the other parent, speaking negatively about them to the child, contempt for court orders, and exposing the child to unsafe conditions.

Demonstrable evidence of drug use, violence, or neglect can significantly hurt a parent’s case. Judges are particularly attentive to actions that indicate a parent’s lack of commitment to the child’s interests.

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

In California, judges are guided by the principle of the child’s best interests. They assess factors like the child’s health, safety, and emotional needs, as well as each parent’s ability to provide a stable environment. Judges must evaluate the relationship quality between parents and children and their cooperation when deciding custody cases.

Judges also take into account any history of domestic violence or substance abuse, and sometimes the preferences of older children.

Hire a Child Custody Lawyer From Andy Cook Law Today – Contact Us

If you are going through a child custody case, hire a child custody lawyer to help you. Contact Andy Cook Law to get started. We can evaluate your situation and craft an effective strategy to secure a positive outcome.