Solana Beach Child Custody Lawyer

Solana Beach 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 Solana Beach child custody lawyer can advocate for you and your child to reach a favorable agreement.

About Andy Cook Law: Experienced Child Custody Attorney in San Diego

Andy Cook Law is a San Diego family law firm that has focused only on California family law since 1995. We have a local and statewide reputation for acting with integrity, honesty, and professionalism. Andy Cook is a Certified Family Law Specialist (CFLS), one of the few hundred lawyers in California who have passed a rigorous set of testing and courtroom requirements.

Custody battles often play out in the family law courtrooms at the North County Regional Center courthouse in Vista. When parents in Solana Beach and other parts of San Diego County go to court for family matters, they often need an attorney who is familiar with the local courts and knows how the judges in those courts view various issues relating to custody.

Understanding Child Custody in California

In California, child custody is broken into two main categories: legal and physical custody. The right of legal custody enables a parent to decide on their child’s educational path and medical treatments, along with their overall welfare. Legal custody can be shared by both parents, known as joint legal custody, or awarded to one parent, known as sole legal custody.

Physical custody, on the other hand, determines with whom the child lives on a daily basis. Physical custody can also be joint or awarded to one parent, with the other parent having visitation rights.

Mothers vs. Fathers in Child Custody Arrangements

Traditionally, custody has been and continues to be awarded almost exclusively and overwhelmingly to the mother. While this is beginning to shift, fathers only made up 20.1% of custodial parents in 2018, up from 16% in 1994.

California law states that both parents are entitled to custody. California courts usually support custody plans that involve both parents, but they base all decisions on what serves the best interests of the child.

How Custody Is Decided in Solana Beach, CA

Custody is not an overarching formula that is applied to every situation. Each case is unique. To compensate for this, judges will consider numerous factors when making custody decisions. These factors include:

• The overall health and safety of the child
• The age of the child
• The child’s relationship with each parent
• Each parent’s ability to provide a stable and safe environment
• The child’s community and educational ties
• Anything that would jeopardize the child’s safety, such as a history of abuse

Judges can also take into account the wishes of older children, depending on their age and maturity. No parent gets preference simply because of their gender. California child custody laws state that custody must be awarded based on the child’s needs and not gender stereotypes.

Modifying a Custody Order

Courts recognize that no situation is permanent, and some changes may require a modification of a child custody order. When this happens, one or both parents can petition the court to request a modification. Some reasons for a modification include:

• One parent getting a new job
• One parent relocating
• The child’s changing needs, such as increased extracurricular activities or going to a new school
• Concerns about the child’s safety and well-being

The court will again use the “best interests of the child” standard when it reviews modifications. The parent requesting the change must prove that the modification will actually benefit the child’s life and stability.

FAQs

How Can a Man Win Child Custody?

A man can obtain child custody by demonstrating to the judge that his home environment is safe and nurturing while providing stability for his child. Judges will require proof that you take an active part in your child’s life while maintaining their education and health support, and providing consistent daily routines. The court evaluates child custody cases based on the child’s best interests, without maternal preference.

Is California a Father-Friendly State?

A “father-friendly state” is a subjective term. While custody is primarily awarded to mothers in California and throughout the country, fathers still have a chance of receiving child custody and visitation. The courts are not allowed to give preferential treatment based on gender, but on the best interests of the child. If a father can show that he is able to provide a stable environment for the child, he will have a greater chance of being awarded custody.

How Can I Lose 50/50 Custody?

A parent may lose 50/50 custody when the court determines shared custody is not in the child’s best interests. A parent could have their shared custody revoked because they disobey court orders or fail to cooperate with the other parent while exposing children to unsafe situations or showing signs of neglect or abuse. Judges scrutinize behavior that negatively impacts the child’s stability, safety, or emotional health.

How Does Income Affect Child Custody in CA?

Income alone is not a determining factor for child custody in California. The court considers the child’s interests, stability, and the ability of each parent to be involved in the child’s life. Income is used to determine child support obligations, and a parent with a lower income can still be awarded primary custody if they can provide a safe and nurturing environment.

Hire a Child Custody Lawyer Today: Contact the Team at Andy Cook Law

At Andy Cook Law, we understand how important and emotional a child custody case can be. If you’re going through a custody dispute, hire a child custody lawyer today. At Andy Cook Law, we can help you fight for your child’s best interests and strive for a favorable, healthy outcome. Contact us today to get started.