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How is Child Custody Decided in Carlsbad Divorce Cases

On Behalf of | May 24, 2019 | Child Custody and Visitation

How is child custody decided in Carlsbad divorce cases?  How do Carlsbad family law Courts approach the issues of child custody and parenting time?  While we cannot speak for the courts, we can provide insight based upon decades of appearances before those courts in thousands of child custody cases.

Many of these issues are determined by the divorcing spouses themselves through negotiation, and in some cases mediation.  These agreements are often the best solution for all parties as they reflect the intent and wishes of the parties.  Studies have repeatedly shown divorcing parents are much more likely to abide by negotiated or mediated agreements resulting in less post-decree arguments and litigation.

California family law identifies the “best interests of the child” as the guiding principle in answering the question “How is child custody decided in Carlsbad divorce cases” as well as those in Carlsbad and across the State of California.  Generally speaking our Courts have found it is best for a child to spend roughly equal quality time with each parent.  This may require both parents to live within the same school district and community so that the child(ren) may continue their “normal” lifestyle and activities.

The court will consider many factors when deciding upon the division of child custody.  Domestic violence may have an impact on these issues, as will alcohol or drug dependency, criminal activity or other behaviors that are harmful to the best interests of a child.

The court is usually concerned with helping the child to transition through the divorce by keeping their schedule as normalized as possible.  Consideration should be given to their present school situation, health, participation in extra-curricular activities such as sports and the arts, as well as their relationship with extended family and friends.

Child custody is one of the most contested issues in Carlsbad and North County divorce cases.  Protect your interests.  We invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with an experienced Carlsbad child custody attorney today.