Carlsbad Child Custody Services for Families in Need
If you are looking for a compassionate and qualified family law firm to handle your child custody case in Carlsbad, then McKinnon Law Firm is the right place for you. We understand the emotional and legal complexities that accompany a parenting arrangement, especially for couples undergoing a divorce, but with our help, we aim to make the process a little less painful.
Our mission is to provide quality and dedicated legal counsel and representation in your child custody case, and you can rest assured knowing that an experienced child custody attorney will advocate for your rights and the best interests of your children.
Call (760) 227-2476 or contact us online today to request a free case review and discuss your case.
What is Child Custody?
Child custody refers to the legal and practical relationship between a parent (or guardian) and their child, and the rights and responsibilities that each parent has toward the child. It is determined by a court in cases of separation, divorce, or disputes regarding the care of a child. Child custody arrangements aim to ensure that the child's best interests are prioritized, including their safety, well-being, and emotional stability.
In California, child custody is divided into two main types:
Legal Custody
Legal custody refers to the right and responsibility to make major decisions about a child’s life, including decisions about education, health care, religion, and welfare.
- Joint Legal Custody: Both parents share the right and responsibility to make decisions about the child's life.
- Sole Legal Custody: One parent has the exclusive right to make decisions about the child's life.
Physical Custody
Physical custody determines where the child will live and how time is spent between the parents.
- Joint Physical Custody: The child spends significant time with both parents, though it doesn't have to be exactly equal. The child’s residence may be shared between both parents.
- Sole Physical Custody: The child lives primarily with one parent, while the other parent may have visitation rights or limited time-sharing.
Other Terms Related to Custody:
- Visitation (Parenting Time): This refers to the time a non-custodial parent spends with the child. This could be scheduled and may include holidays, weekends, or vacations.
- Primary Physical Custody: This usually refers to the parent with whom the child lives most of the time, even if there is joint physical custody.
How Child Custody is Determined in California
California law requires that custody decisions be made based on the best interests of the child. The court will consider several factors to determine what arrangement will serve the child’s emotional, physical, and developmental needs.
When making custody decisions, the court considers a variety of factors that relate to the child’s well-being, including:
- The health, safety, and welfare of the child: The court prioritizes the child’s physical and emotional safety. If there are any concerns regarding abuse, neglect, or substance abuse, this will heavily influence the court's decision.
- The emotional bonds between the child and each parent: The court looks at how strong and positive the relationship is between the child and each parent. A strong emotional bond with both parents may lead to a joint custody arrangement.
- The ability of each parent to care for the child: The court assesses the parenting skills, the ability to meet the child's emotional and physical needs, and the ability to co-parent effectively. A parent’s willingness and ability to encourage a relationship between the child and the other parent is also considered.
- The child’s preference: If the child is old enough and mature enough to express a reasonable preference, the court may take this into account, though it is not the sole factor in decision-making.
- The continuity and stability of the child’s environment: Courts prefer to maintain consistency for the child, especially if they have been in a stable environment with one parent or in a consistent school or neighborhood setting.
- The parents’ ability to co-parent and communicate: The court evaluates how well the parents can work together and make decisions for the child’s benefit. Courts are more likely to order joint custody when parents can cooperate and communicate effectively.
Why You Should Hire a Lawyer for Full Custody in Carlsbad
It's highly recommended to seek the guidance of a family law attorney when seeking full custody of a child in California. The process can be long and drawn out if papers are not filed correctly or critical evidence needs to be included.
With years of experience in family law, our law firm is prepared to oversee your custody negotiations, while devising creative solutions for any challenges you may face.
Understanding Child Custody Preferences in California
In California, children ages 14 and older can express their preference for which parent they would like to live with. The judge will consider the child's preference if they are of sufficient age and can represent an intelligent opinion. However, the court may not allow the child to state their preference if they believe it would be detrimental.
There are many factors that go into a court’s decision regarding custody of the children, including location, mental and physical health, and the stability of his/her home environment. We will review each of aspect of your case carefully to provide you with honest counsel and be most prepared to present your case in court. We will work tirelessly to help you reach the desired outcome in your child custody case.
Choose Our Carlsbad Child Custody Lawyers for Your Family's Future
Are you looking for an experienced family law attorney to represent you in your child custody case? Contact McKinnon Law Firm today and ask for your free consultation with our team. We proudly represent clients throughout San Diego County, including Carlsbad, Oceanside, Vista, San Marcos, Encinitas, Solana Beach, Escondido, and Del Mar.
Please take advantage of our free initial consultation with a Carlsbad lawyer for family law. Contact us at (760) 227-2476 to book an appointment.
Family Law
Frequently Asked Questions
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How is spousal support calculated?There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.
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Do I have to pay child support if we have equal time with our children?
It depends. In California, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case. -
What is Family Court Services Mediation?Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.
