San Diego Child Custody And Visitation Attorneys

Our child custody and visitation attorneys at Wilkinson & Finkbeiner, LLP, specialize in child custody and visitation matters.  We represent mothers, fathers, grandparents, and non-parents in San Diego child custody and child visitation proceedings.   We understand that custody and visitation issues can be the most stressful and contested portion of any case.

Our aggressive custody attorneys will strive to ensure we achieve our clients goals.  To that end, we will also do our best to preserve, and hopefully even improve, the relationship between our client and the other parent because ultimately, both parents will need to cooperate and work together to co-parent their child or children together.

What If More Than One State Is Involved In a Child Custody Matter:

The first question in many custody and visitation matters is what court should I go to in order to obtain custody orders?  If there are multiple states involved in the case, the courts of both states will be governed by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).  The courts of each state will consider factors such as the homestate of the child, where the child has resided for the previous six months prior to filing an initial custody determination, where a child was conceived and born, as well as which state does the child or children have more significant connections with.  In certain cases, a state can assert “emergency jurisdiction” over a custody matter if there is an immediate harm or abuse.  Ultimately, the judges of both states will communicate with each other and a determination will be made concerning the state that will make orders regarding custody and visitation.

Our attorneys also have experience in Hague petitions where the United States and another county, which is a “Hague signatory,” are involved.

If you find yourself in a situation where a parent kidnaps a child, absconds with a child, or flees with a child to another state, country or county within California, be sure to contact our firm to protect your rights to your child.  Click here for more information from the San Diego County District Attorney’s Office Child Abduction Unit and how they deal with child abductions.

What If More Than One County In California Is Involved In a Child Custody Matter:

In the event a custody and visitation case involves parents living in separate counties within California, then the court will examine similar factors of what county the child was born in, where has the child resided and which county has a more significant connection to the child.

What Is Legal Custody And Physical Custody:

There are two types of custody, legal and physical.  Legal custody involves decisions concerning a child’s health, safety, education ,and general welfare.   These issues involve  a child’s fundamental rights.  Sole legal custody may be appropriate if a parent has perpetrated some form of abuse against the child or the other parent.  Sole legal custody may also be granted if a parent refuses to consent to medical treatment that is necessary for a child.

Physical custody involves the day to day parenting of a child.  A parent who cares for a child for more than one-half of the time is the “primary custodial parent.”  The parent who cares for the child less than one-half the time is the parent who has visitation.  Visitation is granted in some capacity unless visitation with a parent would be detrimental to the child.  Physical custody also involves parents sharing holidays, vacations, and the children’s breaks from school.

Click here for a video overview of child custody and visitation issues.

What Does The Court Consider In A Custody & Visitation Matter:

The family court considers the specific facts and circumstances unique to each family and child when creating custody and visitation orders.  Generally, the Court strives to create a custody and visitation plan that is in the best interests of the child while simultaneously promoting frequent and continuing contact with the child and each parent.   The court considers a child’s age, each parent’s schedule, the child’s schedule and extracurricular activities, education and development, distance between the parents’ homes and school, physical or emotional issues concerning the child, and all other aspects of the child’s needs and life.  The court will also consider facts involving a parent’s use of illegal drugs, including medicinal marijuana as well as the habitual use of alcohol.

Keep in mind that physical custody and a parent’s amount time spent with a child, also known as timeshare, directly impacts the amount of child support paid to a parent.

When Is It Appropriate To Go Back To Court To Modify Custody Or Visitation:

Assuming that child custody and visitation orders have previously been, anytime there is a change in circumstances concerning the child or a parent the court may modify the custody and visitation order.  It is important that the court retains jurisdiction (the ability) to modify orders concerning custody and visitation until the child attains the age of 18 and graduates high school.

What Age Does A Child Have A Right To Choose Or Have Input Regarding The Custody & Visitation Plan:

A child will have input concerning their visitation plans when they are at an age where they have the mental capacity to form an intelligent preference and they have the ability to communicate or articulate such preference to the Family Court Services Mediator.  This means there is no absolute age when a child has the absolute right to determine their visitation schedule.

How Do I Obtain Or Prevent A Move-Away:

A parent’s request to relocate outside the County of San Diego, the State of California or the United States is known as a move-away request.  In every move away request, the Court will perform a traditional best interest’s analysis.  The factors considered by the court will depend if the proposed move away is an initial custody determination (i.e. prior to a judgment being entered) or post-judgment (i.e. after a judgment) and custody orders have been entered.

A parent requesting a move-away or a parent seeking to block the relocation should be prepared to provide the following information to the court concerning the move away:

- The child’s stability and continuity in the current custody arrangement;

- The relocating parent’s level of attachment to the child;

- The distance of the relocation;

- The financial impact on each parent;

- The child’s age;

- The child’s relationship with both parents;

- The relationship between the parents;

- The child’s preference;

- The reasons for the relocation;

- The non-payment of support by the stay-behind parent;

- Impact on each parent’s mental stability if the relocation is permitted or denied by the court;

- Availability of special education and medical facilities for a child in need of such accommodations;

- Parental animosity and communications between the parents; and

- Any other relevant factors unique to the case.

In a move away case most requests end up in going to a trial where each parent and possibly experts testify to provide information about the facts mentioned above.  Move away requests should be carefully planned and presented to the court.  Consult an attorney at Wilkinson & Finkbeiner if you find yourself involved in such a case

Practical Advice For Parents In Custody Cases:

Many custody cases involve miscommunications between the parents, the amount of time a child spends with a parent and the level of involvement of a parent with the child.  Keep a log of significant dates, times, and transactions between each parent and child.  Maintaining records of emails, texts or phone records as well as gift receipts and cards is always a good idea if you believe a dispute will arise in the future.  In the event the other parent violates a court order, log a violation with the San Diego County District Attorney’s Office by clicking here.

Our experienced San Diego child custody and visitation attorneys have litigated hundreds of cases involving custody and visitation issues.  Our attorneys are prepared to help you navigate the numerous issues involved in any custody and visitation matter.

Counseling For Children & Minor’s Counsel:

The San Diego Family Court places a premium on parents placing the mental health of their child at the forefront.  In high conflict child custody cases the use of a therapist or counselor to bridge the communication gap is generally advisable.  Consult an attorney before agreeing to any court order involving therapy or counseling.

In certain cases, the Court will appoint counsel to represent the minor child.  Appointment of Minor’s Counsel occurs when there are issues of abuse or the parents have a particularly protracted matter.

Family Court Services Mediation Tips:

Finally, in every case our attorneys will prepare you for mediation with Family Court Services. Your knowledge of the mediation process and preparation for mediation is extremely important when working towards obtaining a custody agreement.  Our experienced attorneys will provide you with the mindset and skills necessary to make the mediation process less intimidating and more successful.  The San Diego Superior Court has an introduction video that will help you prepare for mediation.

Finally, we will explain your rights and obligations, the likelihood of the outcome of each issue, and advise you on the most advisable route to a successful resolution of your matter.