San Diego Child Custody Lawyers
Fighting for Fathers’ Rights

When a divorce case includes a decision regarding the custody of the children, the situation can become as emotionally intense as any legal proceeding in existence.  This is particularly true for men, as the majority of divorce cases lead to an award of custody to the mother.  While this may be the norm, it is not the law, and fathers have rights that need to be defended as well.  Below is an overview of how child custody is decided in California, and if you face this situation you need to contact experienced San Diego child custody lawyers as soon as possible.

Factors Courts Use to Decide Child Custody

Child custody is governed by California Family Code section 3011 at the beginning of a case.  There are four important factors that the courts will use at minimum to decide which parent will be living with the children for a majority of the time.  In some of the cases, but rarely, the child spends half of the time with the mother and half of the time with the father.  Examples of the factors considered include:

• Health, safety and welfare of the child – The first charge of the State, under the Federal Constitution, is to provide for the health, safety, welfare and education of the children.  This is repeated in the Family Code.
• History of physical abuse – If there is any history of physical abuse by either spouse, it’s likely that this will be an important consideration in mediation and to the family court judge.
• Stability of the child’s environment: Time – Attachment theory is a foundation of the best interests’ tests for the children.  The court will want to preserve after the divorce the children’s relationships in a proportion as appropriate as the child would have had before the parents split up.  Thus, a mediator or the judge would be inquiring who took the child to school?  Who took the child to the pediatrician?  Who cooks the food for this child?  Who takes this child to child oriented events like birthday parties, soccer practice, and little league?
• Separation of siblings – Unless there are exigent or even extreme circumstances, courts are generally hesitant to separate siblings between households.
• Wishes of the child – If the child is of sufficient age or maturity to have the foresight to make an opinion of preference, then the court may give due weight and consideration to the child’s preference as to where the child would like to live.  The court controls the manner in which the child is questioned and it is rare in today’s family court that a judge would actually ask these questions of a child.  The attorneys certainly would not be allowed to ask these questions.

Types of Child Custody in California

While the factors listed above are used in these decisions, child custody orders are not necessarily all or nothing results.  There are many different types of child custody in California, and below are a few examples of these arrangements.

• Exclusive custody – Exclusive custody is the type that’s most favorable to the custodial parent, as it provides that parent with the right to live with the child and to make the decisions regarding that child’s life.
• Sole physical custody – Sole physical custody is the most common type, where the child lives with one parent but the important decisions are largely shared between them.
• Joint custody – Joint custody can involve several specific arrangements, including a literal sharing of the child’s living time and/or a sharing of the decisions regarding a child’s life.

How San Diego Child Custody Lawyers Can Help

Clearly, anyone who faces this situation feels much in the way of fear and stress when it comes to keeping their children.  If this includes you, you need to take every step possible to give yourself the best chance to retain the right to raise your children.  Contact the San Diego child custody lawyers at the Law Offices of James D. Scott today to talk to an expert.