Home Encinitas Family Law Child Custody and Visitation

Encinitas Child Custody and Visitation Lawyers

Legal Counsel for Child Custody and Visitation Matters in Encinitas, CA

For parents, nothing is more important than their children. Parents can find the issues surrounding child custody and visitation to be among the most challenging to navigate in a divorce. With the compassionate and experienced assistance of a child custody attorney, you could more effectively resolve these matters. At Mattis Law, A.P.C., our Encinitas child custody attorney is dedicated to helping parents get through every step of the legal matters they are facing. Call our law office today at (858) 328-4400 to schedule a free initial case review to get started.

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What Types of Custody Are Available?

When it comes to child custody, there are two main components – legal custody and physical custody. In terms of legal custody, a judge can order either joint legal custody or sole legal custody. If you and your ex have joint legal custody, you will both have the right to make important decisions regarding your child’s upbringing, such as medical treatment or matters related to education. If you are awarded sole legal custody, only you will have the right to make these decisions on behalf of your child.

In terms of physical custody, a judge can order joint physical custody, sole physical custody, or primary physical custody. Essentially, physical custody refers to where the child will live. If a judge orders joint physical custody, you and your ex will both be able to spend a substantial amount of time with your child. If you are granted sole physical custody, your child will exclusively live with you. Your ex may still be given visitation rights. Lastly, if primary physical custody is granted, it means that your child cannot spend an equal amount of time with you and their other parent due to other obligations or scheduling conflicts.

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How Does a Judge Determine Custody?

There are numerous factors that a judge will consider before rendering a decision regarding child custody and visitation. Some of these factors include:

  • Your child’s age
  • Your child’s physical and mental health
  • How well you and the child’s other parent can provide care and meet the needs of the child
  • The emotional bond your child has with each parent
  • Your child’s connection to their community, home, and school
  • If your child’s current living situation is stable
  • Whether you and your co-parent are willing to support one another’s relationship with your child
  • If there is a history of domestic violence or substance abuse

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Making Visitation Agreements Work

If you and your ex are on reasonably good terms, your visitation agreement might not have scheduled dates or times and, instead, you could schedule visitation with fewer restrictions. However, even under the most amicable circumstances, it is wise to have a set schedule to ensure you are getting enough time with your child. In a more contentious relationship with an ex-spouse, or cases in which you believe he or she is attempting to interfere with court-ordered visitation, our experienced attorney could initiate legal enforcement actions.

If a child does not want to visit a parent, the parent still has an obligation to ensure the child is reasonably available for visitation. In some cases, an older child’s preference might be considered when it comes to custody or visitation, but it is not the sole deciding factor. Judges examine several factors to determine what will be in the best interests of a child.

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Hire an Experienced Encinitas Child Custody Attorney to Handle Your Case!

If you are navigating a child custody dispute, the team at Mattis Law, A.P.C. can help you. Our Encinitas family law attorney has an incredible track record with these types of cases and would be happy to discuss the details of your case with you. Call us today at (858) 328-4400 to schedule a free initial consultation.

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(858) 328-4400