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San Diego

San Diego Child Custody Lawyer

One of the most complicated and emotionally taxing phases of a divorce is child custody.

The Courts of California aim for the best interests of the child. Today, neither parent has an advantage over the other when seeking legal custody; the best interest of the children is the deciding factor. At Boyd Law, our San Diego child custody lawyer helps individuals in need of family law services resolve their complex family law issues at hand.

If you think you may need legal representation in a child custody case, contact the experienced San Diego child custody attorney at our firm for a consultation.

Why Choose Boyd Law For Your Child Custody Case in San Diego?

At Boyd Law in San Diego, we are a team of San Diego family lawyers determined to help you fight for your rights to help you achieve the best possible outcome. We have also earned trust amongst our clients by working with family law clients for more than fifteen years across Southern California, as all of our offices prioritize exceptional service, along with personalized attention.

When you choose the San Diego child custody attorney from Boyd Law, you are not a number or a statistic. You are someone we will fight for during every phase of your child custody hearings.

Karie Boyd Is On Your Side

Trying to choose a child custody lawyer to handle a complex child custody case is not an easy decision.

With so many child custody lawyers to choose from, you might feel overwhelmed with who can best handle your case. Fortunately, lead attorney and CEO, Karie Boyd is one of the best attorneys to pick from.

Karie Boyd has more than fifteen years of experience as a family law attorney, and was recently ranked as “The Top 1% of Attorneys in the Nation” from The National Association of Distinguished Counsel.

She is also experienced in the courtroom, with her civil litigation experience including both the jury and bench trials.

In addition, Karie contributes regularly to multiple organizations such as MANA San Diego, Women for Women International, and other schools and community organizations.

So, if you’re looking for an family lawyer with experience in child custody in cases in the state of California, look no further than Karie Boyd.

Testimonials

Not sold on us yet? Here’s what some of our proud clients have to say. (Google Reviews)

“I am so happy with the results of my dissolution. It was a long process but in the end it was well worth the wait. I would definitely recommend my lawyers both Joshua Fabian and Matthew Caldwell who both resolved my case. Ashley Hoffman is also amazing, her communication was on point and stayed on top of my case as a paralegal, if I had any small questions she was my go too. Thank you to Karie Boyd for having such an amazing legal team!”

–Keesha Becker (Google Review)

“Everyone at Boyd Law is professional, knowledgeable and kind. I highly recommend this firm.”- Jane

“The best law firm around! Great service and fast!”- Ladorna

Get In Touch With Boyd Law For Your Child Custody Case Today

Going through child custody disagreements is no simple task, and you need an experienced team of San Diego child custody lawyers on your side. Boyd Law can help you fight for you, and what is in the best interest for your children at the same time.

Give us a call today at (619)-232-1206 to schedule a consultation, or fill out the form on our contact page and a representative will be in touch with you shortly. We also have an office in San Diego, so we’re also available for in-person appointments as well.

Frequently Asked Questions

How Does Joint Custody Work In San Diego?

Joint custody involves both parents sharing responsibilities and decision-making regarding the child’s upbringing. Joint legal custody means both parents participate in major decisions, while joint physical custody involves a shared living arrangement. The specifics can vary depending on the parents’ abilities to cooperate and the child’s best interests.

Is A Parenting Plan Required In San Diego?

A parenting plan outlines how parents will share custody and responsibilities after a divorce or separation. In San Diego, a parenting plan is required in cases involving child custody.

Can I Relocate With My Child After an Order Is In Place?

Relocating with a child after a custody order is in place requires court approval. If the move significantly impacts the other parent’s visitation rights or the child’s stability, you’ll need to seek permission from the court and demonstrate the move is in the child’s best interest.

How Can I Enforce A Child Custody Order If The Other Party Doesn’t Comply?

If the other parent doesn’t comply with a child custody order, you can seek enforcement through the court. You may file a motion for contempt, which can lead to various penalties for the non-compliant parent. It’s essential to document instances of non-compliance and work with legal counsel.

San Diego Child Custody Legal Resources

To access any point on the page below, please click the following links.

How Is Child Custody Determined in California?
The Difference Between Physical and Legal Custody
When Is Sole Child Custody Awarded
Factors Considered When California Courts Determine Child Custody
Child Custody Mediation
The Termination of Parental Rights in California
Who Can Bring a Child Abandonment Case?
Can Child Custody Be Restored Once It’s Lost?
Contact Us
Locations We Serve

How Is Child Custody Determined in California?

One of the most difficult aspects of divorce and ending your marriage is the possibility that you will no longer live full-time with your children.

Child custody disputes can be terribly painful for parents and children alike.

Deciding on the best child custody arrangement is complicated and requires an in-depth analysis of the relationships among family members.

If both parents are equally involved in parenting, in many cases, a court will award them joint physical custody. If not, the court will look at which parent is more actively involved in the children’s day-to-day lives, and will determine if the current child custody situation is working.

A San Diego child custody attorney can help you navigate this complicated process.

What Is the Difference Between Physical and Legal Custody?

Child custody is a complicated legal matter in family law that is broken down into two types: physical and legal custody.

In California, a judge may award one or both types to either parent. Both parents can have physical and legal custody (the most common scenario), or one parent may only have one type of custody over a child. Learn the difference between the two to fully understand your rights as a parent after a divorce case.

Physical Custody

Physical custody refers to the child physically spending his or her time with a parent after a divorce. A parent with physical custody has the right to spend in-person time with a child at his or her home.

There are two types of physical custody awarded in San Diego: sole and joint. Sole custody is when only one parent has custodial rights. Joint custody describes shared custody between both parents.

Joint physical custody is more common than sole custody. The type of joint custody arrangement will depend on the case.

The law generally acknowledges the best situation for a child is to divide time evenly between both parents; however, if a 50/50 split is not possible or convenient for a family, a judge might order a different type of division. One parent may have physical custody for the weekends, for example, while the other has custody during the week.

Legal Custody

Legal custody in California refers to a parent’s right to make important legal decisions for a child. These are decisions regarding health care, education, religion, discipline, and insurance.

In most custody cases, both parents retain legal custody over shared children. If, however, one parent has behaved in a way that shows he or she should not bear legal custody, a judge may temporarily or permanently take it away.

If one parent has sole physical custody, that may be the only parent with legal custody as well. However, this is not always the case. If two parents share legal custody but cannot agree on a major life decision for a child, they will have to attend mediation to reach an agreement. Some cases may even go before a judge if the parents cannot agree.

When Is Sole Child Custody Awarded in San Diego, CA?

Sole custody means only one parent receives child custody in a divorce case. The other parent will not have any custodial rights. Sole custody is not a common arrangement in San Diego County as family law generally holds that a child is better off remaining in contact with both parents after a divorce.

However, a judge in California may award sole custody if the circumstances point to this being what is in the best interest of the child. For example, if one parent:

Wishes to move across the country or internationally
Has a history of neglecting or abandoning the child
Is abusive or has been convicted of domestic violence
Is incarcerated
Has a substance use disorder
Has a mental health condition that makes him or her incapable of caring for a child

The noncustodial parent may or may not have visitation rights in a sole custody agreement. Visitation is a scheduled time in which a noncustodial parent can visit his or her children.

Visitation may be supervised by someone such as the other spouse or a social worker if the noncustodial parent has a history of substance abuse or domestic violence.

Remember, you and your spouse have the option of sharing custody by creating your own parenting plan before the matter goes to a judge.

If you and your spouse can agree on a shared custody agreement, a judge will most likely sign off on it, unless an investigation finds a reason to deny custody to one parent. If you cannot agree, the matter will go to court. This will come with the chance of a judge ordering a sole custody arrangement.

What Factors are Considered When California Courts Determine Child Custody?

In order to determine the type of legal custody arrangement that will be most beneficial to a child, courts consider multiple factors, including these:

Whether one or the other parent has been the primary caregiver of the child
The parenting skills of each parent
The child’s closeness of the child siblings and extended family members
The environment in each home
The work schedule of the respective parents and child care arrangements in each household
If the child has special needs, which parent is better able to provide for those needs
The emotional stability and mental and physical health of each parent
Whether substance abuse is an issue for either parent
Depending on the child’s age, which parent he or she prefers to live with
Any history of domestic violence
Each parent’s ability to work cooperatively and to promote a positive relationship with the other parent, when contact is not detrimental to the child

If the divorcing parents can’t agree on a child custody arrangement, the court will order them to work with a Family Court Services Mediator, who will examine the family situation in detail and then make custody recommendations.

Should I Enter Child Custody Mediation?

If after mediation the parents still cannot resolve the issues of the custody dispute, they can request a court hearing, which may involve an evaluation by a psychologist, psychiatrist, or other family relations professional.

Because of the high cost of these proceedings, it is usually preferable for the divorcing parents to enter mediation with a positive attitude and commitment to resolving the conflict. Being represented by a San Diego divorce attorney with superior negotiating skills can help immensely.

What Can Cause the Removal of Child Custody or the Termination of Parental Rights in California?

In California, it is possible for the family courts to remove child custody from a parent in certain situations. The removal of child custody, or termination of parental rights, is reserved for severe changes in circumstances.

In general, a child custody order is considered final. If there has been a substantial change in circumstances that affect the best interest of the child, however, the courts may decide that it is most appropriate to terminate a parent’s custodial rights.

Examples of circumstances that could lead to the removal of child custody in California include:

Child abandonment
Child neglect
Child abuse
Child abduction
Domestic violence
Criminal conviction
Jail sentence
Substance abuse or dependency
Mental health issues
Refusal to co-parent (parental alienation)
Violating court orders

If it is brought to the court’s attention by the other parent, Child Protective Services or someone else that a parent with custody is endangering the child or the circumstances have changed in a way that could negatively impact the child’s welfare, the courts may decide to remove child custody temporarily or permanently. This may result in the removal of the parent’s legal and/or physical custody rights, as well as visitation.

Who Can Bring a Child Abandonment Case?

The definition of child abandonment in California is the relinquishment of the interests and claims over a child in an illegal way, typically by leaving the child without establishing the child’s support and without continuing any communication or contact with the child.

Child abandonment is the failure to provide the necessities of living to the child. In California, child abandonment is grounds for the termination of parental rights.

The other parent – the ex-spouse of the custodial parent – has the right to bring a child abandonment case in California.

Other parties that can bring this type of motion according to California Family Code Section 7820 are the child’s grandparent, stepparent, adult sibling, or any adult who has taken over the custody or care of the child due to abandonment. The child in question must be under the age of 18 to bring a child abandonment case.

If you notice that your ex-spouse has failed to exercise his or her parental rights or provide financial support in at least a year, you can file a motion to have your ex’s parental right terminated.

You or your lawyer must establish that your ex has provided no financial support, has had no meaningful contact with your child for more than a year and has the intent to abandon the child. A successful case against your ex will result in the loss of his or her custodial rights in the future.

Can Child Custody Be Restored Once It’s Lost?

If you’ve lost custody of your child in California, it may be possible to have this right reinstated by the courts. This is a challenging endeavor that will most likely require assistance from a family law attorney.

In California, the reinstatement of parental rights is possible after three years have passed from the original date of the termination unless it is determined earlier that the child most likely will not be adopted. Once the time requirement has passed, the parent who lost his custodial rights may petition the courts for reinstatement.

The court that originally terminated the parent’s rights will review the request for reinstatement to identify the basis for the claim. The petitioning parent must show that he or she has a factual basis for the request, such as a significant improvement in his or her circumstances from the date of the termination.

If the child is under the age of 12, the courts must also determine if reinstating the parent’s custody rights is in the child’s best interest.

Contact Our Experienced San Diego Child Custody Lawyer Today

At the Boyd Law Firm in San Diego, we are passionately concerned with making the divorce process as easy for the children as possible.

Our experienced San Diego family law attorneys and staff, along with our investigators, forensic accountants, family relations professionals, mental health experts, and trained staff will help you determine the best solution for your unique family situation, in the best interests of your children in mind.

To learn more about how we can help you resolve issues surrounding San Diego divorce, child custody orders, visitation, and support cases, call Boyd Law today to arrange a complimentary consultation.

Locations We Serve

We serve many locations in San Diego including: