Child custody issues can be some of the biggest sources of disagreement in a divorce or paternity action. In order to reach a result that is in child's best interests, you need a San Diego child custody attorney who is able to find creative, workable solutions.
Child Custody Lawyers in San Diego
The Law Offices of Daniel J. Martin can help. Our child custody lawyers in San Diego have handled many custody matters. We understand that child custody disputes can be very emotional. We also understand that drawn-out, personal disputes between parents can harm your children and your relationships with your children. Our San Diego child custody attorneys are dedicated to helping your children through this period in their lives.
Legal Child Custody vs Physical Child Custody
There are two components to every child custody matter: legal custody and physical custody.
Legal Child Custody
Legal custody relates to each parent's ability to make decisions on the child's health and welfare. In the majority of situations, parents will share, or have joint legal custody of the children.
Physical Child Custody
Physical custody describes who is actually caring for the child at a given moment. Courts can order joint physical custody, or one parent can have primary physical custody.
San Diego & California Child Custody Law
Under San Diego, California law, courts presume that it is in the best interests of the children for both parents to take an active role in the upbringing of their children. Therefore, courts will presume parents share legal custody, while one parent will have usually primary physical custody. The other parent will have visitation rights. We can help you negotiate arrangements that will allow you and the other parent to maintain a substantial role in your child's life. California follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, if California has jurisdiction over a child custody action, it retains jurisdiction even when a parent moves out of the state. Our law firm has a full understanding of the UCCJEA and how it applies in custody matters.
Although joint custody is presumed by the court, it may not be appropriate in every circumstance. For instance, if you have a restraining order against the other parent or believe that your child's safety is threatened, we will argue forcefully for an arrangement that will protect your child's well-being.
Contact Our San Diego Child Custody Lawyers Today!
Call (619) 717-2072 or e-mail our San Diego child custody lawyers to schedule a consultation. We look forward to discussing your goals with you.
