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San Diego Joint Custody Attorneys

How Does Joint Child Custody Work in San Diego?

Child custody issues are often the most contested and emotional matters that come up during divorce proceedings. While you may strongly believe that the child custody arrangement should be a certain way, the court will evaluate your situation and make a ruling for the sake of the child’s best interests. In the majority of California cases, judges will rule in favor of allowing both parents to maintain equal custody of their child, also known as joint custody.

If you are looking to resolve the custodial arrangements for your child in San Diego, contact Mattis Law, A.P.C., today. We are committed to helping parents continue to have meaningful, consistent relationships with their children. For four consecutive years, Amelia Mattis was named one of the Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys.

Call a San Diego joint custody attorney at (858) 328-4400 for a free comprehensive case evaluation with us to explore your rights and options.

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What Does Joint Custody in San Diego Entail?

The most common outcome of child custody cases in California is a joint custody agreement. Joint custody can be divided into three categories:

  • Joint legal custody - Your child may live with you or your ex-spouse full-time, but you both have equal legal say in their upbringing.
  • Shared physical custody - Your child will live at least 35 percent with you and the rest with their other parent.
  • Combination of joint legal and shared physical custody - You and your child’s other parent can create a special arrangement that combines both of these.

Essentially, under a joint custody arrangement, both parents will share legal and/or physical responsibility for their child. This does not mean that each parent must run every day-to-day decision by the other parent; the court will generally designate specific circumstances in which the parents must provide mutual consent, such as where the child will attend school.

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Benefits of Joint Custody

Joint custody, also known as shared custody or co-parenting, involves both parents sharing the responsibility and decision-making for their children. There are several benefits associated with joint custody, including:

  • Continued relationship with both parents: One of the primary benefits of joint custody is that it allows children to maintain regular and meaningful relationships with both parents. This ongoing connection is crucial for a child’s emotional well-being, providing a sense of stability and security.
  • Emotional well-being: Studies suggest that children in joint custody arrangements often experience better emotional well-being compared to those in sole custody situations. Having consistent contact with both parents can contribute to a child’s overall happiness and mental health.
  • Balanced parental involvement: Joint custody promotes balanced parental involvement in a child’s life. Both parents have the opportunity to contribute to the child’s upbringing, including aspects like homework, extracurricular activities, and daily routines.
  • Sharing responsibilities: Both parents share the responsibilities of parenting, including decision-making about the child’s education, healthcare, and overall upbringing. This collaborative approach ensures that major life decisions are made jointly, considering the perspectives and input of both parents.
  • Flexibility and adaptability: Joint custody arrangements often provide a level of flexibility that allows parents to adapt to changing circumstances. This can be beneficial for the child as well, as it accommodates their evolving needs and schedules.

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Factors Considered in Joint Custody Determination

Family Code § 3011 outlines the factors that California courts must consider when determining the best interests of the child in custody proceedings. As of January 1, 2024, these factors include:

  • Health, safety, and welfare of the child: The court must consider the overall well-being of the child, focusing on factors that impact their health, safety, and general welfare.
  • History of abuse: The court must consider any history of abuse by one parent or any other person seeking custody against the child, the other parent, or individuals closely connected to the child or the parent seeking custody.
  • Contact with both parents: The nature and amount of contact with both parents are considered. This includes evaluating the involvement of each parent and their ability to foster a positive relationship with the child.
  • Illegal substance abuse: The habitual or continual illegal use of controlled substances, abuse of alcohol, or abuse of prescribed controlled substances by either parent is a factor. The court may require independent corroboration before considering these allegations.
  • Specific consideration for allegations of abuse: When allegations of abuse are brought to the court’s attention, and an order for sole or joint custody or unsupervised visitation is made to the accused parent, the court must provide written or on-the-record reasons. The order should be specific and ensure the safety of the parties and the child.
  • Non-discrimination clause: The court is explicitly prohibited from considering the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.

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How To Handle Violations of the Custodial Arrangement

When both parents share custody of their child, there are more opportunities for conflict to arise. In the event that one parent does not obey the terms of a child custody agreement, they may face a number of punishments, depending on the severity of the violation.

Common types of custodial violations that may require legal action include:

The court may order the offending parent to attend parenting classes, serve jail time, pay fines, or even lose custody altogether. It is important to consult with your lawyer about the potential violation before seeking court intervention.

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Navigating Joint Custody During Divorce

Experienced divorce lawyers with intimate knowledge of California laws and procedures offer invaluable benefits for those trying to deal with custody issues:

  • Legal Guidance: A divorce attorney provides legal guidance, explaining the rights and responsibilities of each parent in joint custody cases. They help clients understand applicable laws, court procedures, and potential outcomes.
  • Advocacy: The attorney advocates for their client’s interests, presenting evidence that supports their suitability for joint custody. They address concerns raised by the other party and work to secure a custody arrangement that aligns with the best interests of the child.
  • Court Representation: In court proceedings, the divorce attorney represents their client, presenting arguments, examining witnesses, and responding to the opposing party’s assertions. They strive to persuade the court to grant a joint custody arrangement.
  • Negotiation Skills: Attorneys often engage in negotiations with the opposing party to reach a mutually agreeable settlement. This may involve discussions on custody schedules, visitation rights, and other terms of the joint custody arrangement.

Additionally, attorneys can take the helm with mediation and negotiations. Decisions will be informed by understanding where concessions may be necessary to create a compromise and foster flexibility. They prioritize child-centered solutions during mediation and negotiation strategies. Your lawyer can help you understand the potential impact of your decisions on your child and how your actions may fare in court.

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Cultivating a Personalized Custody Plan

Moreover, your divorce lawyer can help craft comprehensive custody plans, providing you and your spouse with advice and services regarding the following:

  • Custody and visitation schedules: Attorneys assist in developing detailed custody and visitation schedules that outline when the child will be with each parent. The plan considers weekdays, weekends, holidays, and school vacations.
  • Decision-making authority: The parenting plan defines decision-making authority regarding the child’s education, healthcare, extracurricular activities, and other significant aspects of their life. Attorneys help negotiate and clarify these responsibilities.
  • Communication protocols: Attorneys assist in establishing effective communication protocols between co-parents, including methods and frequency of communication. Clear guidelines reduce misunderstandings and conflicts.
  • Dispute resolution mechanisms: In the parenting plan, lawyers include mechanisms for resolving disputes, such as mediation or seeking court intervention when necessary. These options ensure a structured approach to conflict resolution.
  • Future modifications: Attorneys plan for potential changes in circumstances by including provisions for modifying the parenting plan as the child grows or if circumstances warrant adjustments.

Ultimately, San Diego child custody attorneys play a pivotal role in joint custody cases by providing legal guidance, representing their clients in court, employing negotiation strategies, and assisting in the creation of a comprehensive parenting plan that prioritizes the child’s best interests.

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Trusted Family Law Counsel in San Diego

If you’re experiencing custody disputes or dealing with divorce proceedings, don’t hesitate to seek legal guidance. Contact Mattis Law, A.P.C., and let us help you protect your interests and rights as a parent.

Call (858) 328-4400 for a complimentary consultation to learn more.

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Additional Information

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