Will the Parent with the higher income get more child custody in a San Diego divorce? This is one of the questions we are often asked by parents who are concerned about child custody and parenting time during and after their divorce.
The Court will take all things into consideration when it comes to child custody and parenting time. The first and most important consideration is the best interests of the child. The Court will review all aspects of each child’s existing schedule, health, disposition, activities and religious practice. The Court will also consider the existing role each parent plays in every moment of each child’s life.
Who takes them to or from school? Who takes them to the doctor? Who manages extra-curricular activities?
A parent with a higher income will in all likelihood not get more child custody in a San Diego divorce based upon their earnings. In fact, one of the first actions the Court may consider in your divorce is the financial balance between the parties. For example, if one of the spouses is a physician and the other spouse left their career to manage the children and the household there would be a significant difference income between the parties.
The Court may consider a request to immediately establish spousal support and child support for the lesser earning parent. The Court works to level the financial playing field between the parties during and after the divorce. The Judge will consider the family’s existing lifestyle and how to distribute income and assets fairly.
When considering whether the parent with the higher income get more custody in a San Diego divorce the Judge will carefully evaluate each spouse’s capacity to co-parent. The Court knows it is in the child’s best interest to spend roughly equal quality time with each parent whenever possible.
The Court must balance issues such as domestic violence, neglect, criminal activity, drug and alcohol dependence and even the expressed wishes of each child when deciding the amount of time each parent should be awarded.