What are the elements of seeking child custody and parenting time in San Diego? If your goal is to have custody of your children the majority of the time or sole custody of your child(ren) what do you need to know?
The first and most important fact you need to know under California Family Law is the primary guiding principle when it comes to child custody and parenting time matters during or after a divorce: the best interests of the child.
The Court will consider multiple elements in any family law matter involving children. The elements of seeking child custody and parenting time in San Diego include, but are not limited to:
- If all other factors are equal the Court presumes it will be in the best interests of any child to spend roughly equal quality time with each of their parents under any child custody order
- The presence of domestic violence, alcohol or drug abuse, criminal activity and any other matter which does or might affect a child’s safety and well-being
- The ability of each parent to provide a safe home and make sound judgments regarding important issues such as healthcare and education
- The present natural “rhythms” of each child’s life including their school, friends, supporting adults, religious practices and extra-curricular activities
- The contributions each potential co-parent is providing to support all aspects of the child’s present daily life
- Proximity of each co-parent’s home to existing school situations and other factors representing the best interest of the child(ren)
- The stated wishes of each child, especially those who are above the age of 14 or who the Court considers to be mature and exercising sound judgment
- The mental and emotional fitness of each potential co-parent and their ability to place the best interests of their child(rent) above their own self interests
- The presence of malice between the parties or by one parent towards another, including symptoms of parental alienation
These are just a few of the important elements of seeking child custody and parenting time in San Diego. If you are concerned about child custody and parenting time during or after a divorce you need the experienced, proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.