Carlsbad Child Custody Attorney
Putting Your Child First in San Diego County
If you have children at home when you are going through a divorce, you want to be aware that you will have a stable and influential connection with your kids after the divorce proceedings and have a say in how they will continue to raise.
Your ex-spouse presumably feels the same way.
So how do you make sure your legal rights and interests are protected and well-represented when it comes to determining child custody in your Carlsbad divorce?
That’s what our lawyers are here for at the Beringer Law Firm.
Your children are incredibly important.
Consequently, child custody cases are the most complex and challenging family law matters. At Beringer Law Firm, we leverage our legal knowledge and experience to help secure a favorable outcome that works to protect your child’s best interests. Our top priority is to put your children front and center to reduce the impact a divorce can have on their lives.
You deserve guidance from a qualified professional. Beringer Law Firm is ready to help. Call (760) 546-9900 to schedule a consultation with our experienced legal team.
How To Get Full Custody of My Child in California
To get full custody of a child in California, you must request it and open a case with the county's superior court and family law attorney. Full custody results from divorce, domestic violence, paternity cases, or custody petitioning. Either parent can request full custody.
Determining Your Child’s Best Interest
In child custody cases, the court typically will look at what is considered in the child’s best interest. Working with an experienced child custody lawyer in Carlsbad, serving all of San Diego County, can help effectively present your goals.
We tailor our strategies to build solutions that address your needs and concerns as a parent while helping to secure a positive outcome for your children’s benefit.
A judge will consider the following when determining what is in the child’s best interest:
- Continuity and stability in the home
- Each parent’s ability to co-parent
- The children’s preference, if they are old enough to make their decisions known
- The health and safety of the child
What Is the Difference Between Legal & Physical Custody?
California law recognizes two different kinds of custody arrangements.
Legal custody allows the parent to make crucial decisions regarding the children, such as their education, medical care, and more.
Physical custody, in contrast, determines where the children will live during certain times of the year. During a child custody case, determining physical and legal custody sets the foundation for other elements of an agreement, including child support.
California law also reflects that the child generally benefits from frequent and ongoing contact with both parents. However, circumstantial factors can affect this.
Our child custody attorneys can help present relevant facts and evidence to ensure that your child’s needs are fully addressed.
Sole vs. Joint Custody in California
Sole custody is when one parent is granted full custody of the children. This can be legal custody, physical custody, or both. Sole physical custody is also called “primary physical custody” in California.
Joint custody is when both parents must share the rights and responsibilities related to child custody. This can apply to legal custody, physical custody, or both.
In California, the courts don’t favor one type of custody over the other, and, contrary to popular belief, they will not favor one parent over the other. Instead, they will decide on a case-by-case basis how to best act in the child’s best interest.
Establishing Child Visitation
Child visitation is often discussed during a child custody case.
If a parent has physical custody of the child less than half of the time, they can receive a visitation order. An order can be agreed upon by both parents or enforced by the court.
Under California law, visitation is organized into three categories:
- Scheduled visitation: Dates and times the child will be with each parent, including important dates and holidays
- Reasonable visitation: Open-ended visitation that allows each parent to work out when the child will spend time with them
- Supervised visitation: For cases where the well-being of the child requires a third party to be present when the parent is with the child
What Makes a Parenting Plan Enforceable?
An enforceable parenting plan is an order issued by the court, or an agreement of the parties approved by and filed with the Court.
To avoid enforcement issues and misunderstandings, including wage garnishment and being held in contempt of the court, it is important to have a clear and specific order. At Beringer Law Firm, our experienced attorneys can help you draft and obtain clear and enforceable orders in your case
Do I Really Need a Lawyer for Child Custody in California?
Yes. Child custody cases determine the rights and responsibilities of each parent and how much time each parent will spend time with their children.
If you want to look out for yourself and your children, you will need an experienced child custody lawyer to represent your best interests, as well as the best interests of your children. While you can represent yourself in court, the state of California recommends talking with a lawyer to understand the law and your rights.
Further, if you and your co-parent disagree on how to split physical and legal custody, you will need an attorney to present your side of the case in family law court.
If you and your co-parent agree on a parenting plan, you may still want an attorney to look over your agreement and make sure it is enforceable.
Sometimes, parents cannot agree on an important decision about their children and wind up in court to find the solution. Anytime you deal with the judge or the family law courts, you will want to have a lawyer on your side.
Custody Mediation in Southern California
Mediation can be a valuable tool in any divorce or family law issue.
Not only can this be a less stressful process, but it puts the crucial decisions in your hands.
During mediation, you and the other parent of your child have the power to come to a mutual agreement on important issues surrounding the best interests of your child or children.
You will work together with the help of a third-party mediator to promote healthy dialogue and an amicable relationship that can better serve your child long into the future.
Moreover, mediation can be a faster, less expensive, and more confidential process, giving you more energy to focus on what matters – your children.
Our Experienced Child Custody Attorneys Are Ready to Help
At Beringer Law Firm, our lawyers are seasoned in navigating the court system to secure positive outcomes for our clients.
We have over two decades of combined experience guiding families through even the most contentious cases.
So whether you need assistance through mediation or are seeking litigation for a complex child custody case, our custody attorneys in Carlsbad and San Diego County can help.