Does your child have a say in parenting time in San Diego divorce cases? When will North County Family Court Judges consider the input of a child in custody and parenting time issues?
California child custody and parenting time laws focus on a central theme: the best interests of the child.
Our laws require Family Court Judges to presume that it is in the best interests of a child to spend time with each of their parents. Does this make “joint custody and/or shared parenting” the preference of the Court in every case? No, but it is the presumption from which the Court will begin its deliberations.
Our Family Court Judges will often let a child have a say in parenting time in San Diego divorce and post-decree modification custody cases. The Judge will usually evaluate the level of maturity and ability to reason in each child as well as their genuine relationship with each parent. Older, more mature children will usually be given serious consideration.
The Judge in your case will work to understand the reasons behind the child’s stated preference while considering all evidence regarding the best interests of the child.
Often the child’s perspective is actually based in a parent’s decisions or actions and how they affect an individuals ability to properly care for and supervise their child(ren). For example, drug or alcohol abuse or domestic violence issues raised by children will carry weight. The Court will consider the previous and ongoing relationship between the parent and their active participation in the child’s life prior to the divorce and after.
The presence of “incentives” such as more modern technology or gaming equipment or other superficial motives will be quickly identified and dismissed by the Court.
Does your child have a say in parenting time and custody in a San Diego divorce? Yes, but ultimately our Family Court’s are interested in the best interests of each child.
Do you have questions about child custody and parenting time or modifications to an existing decree? Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.