Family Matters.
When It Really Matters.

Child Custody Issues in a Carlsbad Divorce

On Behalf of | Apr 8, 2022 | Child Custody and Visitation

Are you concerned about child custody issues in a Carlsbad divorce?  What do you need to know about child custody and visitation under California law?  Many parents are concerned about the well-being of their child(ren) and how they can protect their child and prevent traumatization from the process of a divorce.  One of the keys to remember is actually a guiding principle in California’s Family Law Code: The Best Interest(s) of the Child.  If you focus on what is in the best interests of your child(ren) during discussions with your former spouse, negotiations, mediation and in any Court appearance you will go a long way to not only protect your own goals and interests as a parent, but the health and well-being of your child(ren).

One of the most important child custody issues in a Carlsbad divorce involves legal custody and physical custody.  Legal custody is the right and responsibility to make important decisions regarding your child’s life.  Physical custody is the right to provide care for a child and to participate in a child’s life activities.  This basically covers visitation, the right to pick them up and have them live under your roof.

Custody is usually shared in some way between the co-parents as the Court knows this is almost always in the best interests of a child. In these “shared custody” or “joint custody” cases the parents share responsibility and the legal right to make decisions regarding their child’s well-being and health, education, religious practices.  This is based upon a Parenting Plan which establishes agreements or orders relating to visitation schedules, how important dates such as birthdays and holidays as well as vacations will be managed, and any other matter the parties or the Judge feels is important to include.

Sole custody may be considered by the Court in cases involving domestic violence, criminal activity, alcohol or drug addiction, sexual abuse or any other issue which would make it unsafe for a child to be exposed to that parent without supervision.

In all cases the Court will consider a variety of factors under California family law including, but not limited to each child’s health, welfare and safety, stability regarding the existing rhythms of a child’s life and the continuity of that environment, the unity or separation of siblings, the wishes of a mature child, or issues which would affect a parent’s ability to co-parent such as those listed above (domestic violence, criminal activity, sexual abuse, dependency).

If you are concerned about child custody issues in a Carlsbad divorce you need the proven, experienced advice and counsel of the Certified Family Law Specialists at Burke & Domercq.  We invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.