San Diego Child Custody and Visitation Attorneys

These subject areas may in-turn include disputes involving stepparents, grandparents, and other extended family members. In more complex and contentious situations, expert evaluations and court-appointed Minor’s Counsel may be necessary for a court to make orders in the best interests of the children. 

Our attorneys are experienced in handling these common conflicts in child custody and visitation matters, and the intricacies of each. 

What is Jurisdiction?

Jurisdiction relates to the Court’s authority to make specific orders in a case. In this context, can a Court make child custody and visitation orders involving the parents, children, or other parties identified in the court pleadings? Can a Court in the County of San Diego make orders when parents and/or children live in different counties, or different states? 

What is Choice of Venue?

Very generally, venue issues relate to which courthouse is the appropriate location to bring a child custody and visitation case. 

What is Parentage?

Parentage issues relate to establishing the legal parent-child relationship existing between a child and the child’s natural or adoptive parent. Most commonly, this occurs when someone is claiming to be, or to not be, the parent of a child. 

What is Legal Custody?

Legal Custody is the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. The dispute is often whether this right should be shared or held by one parent. 

What is Physical Custody?

Physical Custody generally refers to which parent the child shall primarily reside with and be under the supervision of. The dispute is often whether this right should be shared or held by one parent.

How is Visitation (Parenting Time) Determined?

Parenting time can be agreed upon or decided by the Court following the parents’ participation in child custody recommending counseling. For a more thorough explanation of that process, please read this article (https://www.naimishlewislaw.com/family-law/child-custody-and-visitation-preparing-for-and-reacting-to-the-custody-mediation/)

How Does Domestic Violence / Abuse Impact Custody and Visitation?

The health, safety, and welfare of children is the Court’s primary concern when determining the best interest of the children. Further, children have the right to be safe and free from abuse, and the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child. Domestic violence cases provide an extra level of complexity and stress to any type of case. If the Court makes findings of abuse, special rules apply that impact a parent’s right to sole or joint legal and physical custody. 

How is a Move Away Case Different?

Generally, Move Away cases are situations when a parent wants to move the children out of the county where the children reside and, therefore, impacting the other parents’ ability to frequently and continuously have parenting time with the children. The Court seeks to protect children’s best interests, and that includes protecting their established relationships with their parents. These cases face a higher level of scrutiny because of the undeniable impact a move will have on a parent-child relationship.