San Diego Child Custody and Support Lawyers

Helping Parents and Families Navigate Child Custody and Support Issues

One of the most difficult aspects of divorce for parents is determining the best way to share the responsibilities of parenting their children. The divorce process can be especially difficult for children, and parents are often concerned about the impact that the process will have on their children. At Andy Cook Law, we have helped many parents through the process of divorce and understand how to minimize the impact on children while also protecting a parent’s rights to be involved in their lives. To schedule a consultation to speak with one of our attorneys about your case, call our office today at (619) 304-9769.

How Does San Diego Determine Child Custody?

Under California law, it is the policy of the state to ensure that children have “frequent and continuing contact” with both parents after a divorce. The law also allows parents to share the “rights and responsibilities” of raising their children. This means that, under California law, both parents have an equal right to be involved in the lives of their children and that children have a right to spend time with both of their parents.

When parents cannot agree on a parenting plan, the court will determine the custody and visitation arrangements based on the best interests of the child. The court will consider a wide variety of factors to determine the best interests of the child, including:

• Which parent is more likely to allow the child to have frequent and continuing contact with the other parent
• Which parent is more likely to share the child with the other parent
• The child’s health, safety, and welfare
• Any history of family violence
• The child’s preference, if the child is old enough

After considering all of these factors, the court will determine a parenting plan that outlines the custody and visitation arrangements. The court may also order the parents to attend mediation to try to work out an agreement on their own.

What is a Parenting Plan?

A parenting plan is a written agreement between parents that outlines the custody and visitation arrangements. A parenting plan should be specific and outline the schedule for when the child will spend time with each parent. The plan should also outline which parent will be responsible for making important decisions for the child, including medical, educational, and religious decisions.

When parents cannot agree on a parenting plan, the court will determine a plan based on the best interests of the child. The court will also consider the child’s wishes, if the child is old enough. In some cases, children may have a preference on which parent they live with and which parent they spend time with.

What is Joint Custody?

Under California law, parents can share both physical and legal custody of their children. Physical custody refers to where the child will live, while legal custody refers to the right to make important decisions for the child. Many parents choose to share joint legal custody so that they can both be involved in making important decisions for their children, even if the children primarily live with one parent.

Parents can also share joint physical custody and develop a schedule that allows the child to spend equal time with both parents. In other cases, one parent may have primary physical custody of the child and the child will spend a significant amount of time with the other parent.

Can a Parent Move Out of State with a Child?

Under California law, a parent who has sole physical custody of a child cannot move the child out of state without the consent of the other parent or a court order. If parents have joint physical custody, the parent who wants to move out of state may need to get a court order. The court will consider several factors to determine whether the move is in the best interest of the child, including:

• The age of the child
• How the move will impact the child’s relationship with the other parent
• How the move will impact the child’s relationship with extended family members
• Whether the move will allow the child to have a better quality of life
• Whether the move is being made in good faith

It’s important to note that, in some cases, a parent may be able to move out of state with a child if the other parent is not involved in the child’s life or if a parent is moving to escape a dangerous situation. Parents who are considering a move should speak to an attorney who can review the specific facts and circumstances of their case and determine whether they need a court order.

How is Child Support Determined in San Diego?

Child support is designed to ensure that children have the financial resources they need to thrive after a divorce. In California, judges use a specific formula to determine child support. The formula takes into account several factors, including the income of both parents and the amount of time the child spends with each parent. Other factors that may be considered include the child’s needs and the financial resources of the parents.

In some cases, a parent may have a significant change in income after a divorce. For example, a parent may lose their job or have a reduction in income. In these cases, the parent who has experienced the change in income can ask the court to modify the child support order. If a parent has a significant increase in income, the court may also modify the child support order to ensure that the child is receiving the financial resources they need.

What Should I Do if I Can’t Afford Child Support Payments?

If you are struggling to make child support payments, it’s important to speak to an attorney who can review the specific facts and circumstances of your case and determine whether you are eligible for a modification. If you stop making child support payments without a court order, you may be held in contempt of court and face serious penalties, including fines and jail time. An attorney can help you understand your rights and options and help you navigate the modification process.

At Andy Cook Law, our attorneys have helped many parents through the process of divorce and understand how to protect the rights of parents and children. To schedule a consultation with one of our attorneys, call our office today at (619) 304-9769.