One of the most contentious issues in any divorce is usually child custody. Whether you need to keep an abusive spouse from having custody, need to fight for your rights to custody, or are seeking a modification because your circumstances have changed, things will always go better if you have a local child custody attorney in San Diego, CA.
What Are the Benefits of Hiring a Child Custody Attorney in San Diego, CA?
1. Knowledge of California Law and the Local Courts
The first benefit of working with a local attorney is that you have the help of someone who thoroughly understands the California codes. For most of us, our understanding of how the law works when it comes to a divorce and child custody is heavily influenced by what we’ve seen on TV or in movies and is quite generalized. You may not be aware that every state has its own specific rules, and sometimes the devil is in the details, as they say.
And it’s not just California law that’s an issue here. There’s also the question of how the local San Diego courts tend to interpret that law, their preferences for certain types of evidence, the precedents they look at in local cases, and even the judicial tendencies and personalities of the judges in the San Diego family courts.
A lawyer who knows all this will be able to tell you how the law specifically applies in your case, protect your rights, and help you thoroughly understand all your options. Here’s just a few features of California law you might not know about, and which your lawyer can help with you:
That “Joint” Custody Doesn’t Mean 50/50 Custody
When most people think of “joint custody,” it’s natural to assume that means the court gives parents equal parenting time. But that’s not the case. The family law code directs the court to award joint custody in a way that assures the child has frequent and continued contact with both their parents. That’s it. Within that law, there is a lot of room for various arrangements.
That “Legal” Custody Is Flexible
Legal custody refers to the right of a parent to make important decisions for their child. These are the decisions that will affect a child for the rest of their lives, such as where they are educated, what healthcare they get, and their religious training. Sometimes, the courts award sole legal custody, which means that only one parent is permitted to make all these decisions. In other cases, and more commonly, there is joint legal custody and the parents make these decisions together.
However, California courts are not bound by just these two options. It’s also possible to work out situations where one parent makes decisions in one area and another parent makes decisions in the other, and when the parents cannot agree on important decisions, this may be what the court decides to do. For example, the court may allow the parents to both have legal custody when it comes to the majority of healthcare decisions but only allow one parent to make final decisions about mental health treatments.
A Parent’s Job Doesn’t Take Away Their Parenting Rights
When one parent works and the other parent does not, or at least does not work the same number of hours as the other parent, sometimes the parent who works less assumes they should have exclusive physical custody. The courts do not see a parent’s work schedule as any reason for reducing that parent’s time with a child, unless there is something unusual about the schedule (such as extremely excessive hours or a very unusual arrangement to the working hours).
Refusing to Honor a Custody Order Can Lose You Your Child
If you do not follow the custody orders sent down by the court, it is possible that you could lose custody of your child entirely. The court can also hold you in contempt and apply other punishments.
Even if you are concerned that your child is in danger, you cannot deny the other parent their right to see the child if there is a standing court order to that effect. If there is an immediate, emergency danger, call 911 and then your lawyer right away. If there is no immediate, emergency danger to the child’s safety, talk to your lawyer about modifying the orders.
The Child Evaluator Is Not In Charge
The child evaluator’s job is to speak with your child, look at your home situation, and then provide the court with recommendations about custody. But it’s important to understand that this evaluator is not the final decision maker.
The courts independently make up their mind, using the evaluator’s report as just one piece of evidence as they make their decision. You can challenge the evaluator’s version of events, as well. Conversely, if things went well with the evaluation, understand that’s not an absolute guarantee that you will be given custody of your child. Only a lawyer can help you understand the full implications of an evaluator’s report.
2. Knowledge of Local Resources and Networks
An attorney who is based in San Diego has connections to local resources that can make a difference to your family in these situations. This includes access to child psychologists, social workers, and child custody evaluators who are respected within the local legal community. They can also bring in their relationships with local mediators or collaborative law practitioners, expert witnesses, and more.
3. Immediate Availability and Personal Attention
One of the benefits of hiring a local attorney is getting availability when you need it. In a child custody case, there’s always the possibility that you’ll need to make a very fast response to a motion, suddenly attend a hearing, or take part in a last-minute negotiation. A local attorney will be able to meet you for consultations more easily, get to court sessions quickly, and just provide that personal touch that is likely to be missing when you use legal services from someone without an office right here in San Diego.
4. Knowledge of San Diego Family Dynamics
San Diego is a very diverse place, and this can sometimes affect custody decisions. When there are cultural nuances involved or language communication issues, it makes things more difficult. A local attorney understands what life in San Diego is like and the rich tapestry of cultures and languages that live here and raise children together. They can help you to understand exactly what the courts consider “the best interest of the child” and also competently explain your important cultural concerns to the courts.
5. Experience with Local Custody Issues
Given San Diego’s location and specific demographics, there are certain issues that tend to crop up more often here than they might in other places. For example, given the city’s significant military presence, military family custody is a common issue here. Our proximity to Mexico means that cross-border custody issues can also come up fairly often. A San Diego attorney with experience in the area will have dealt with a variety of scenarios and be able to tell you how the law applies to unique challenges.
If you’re looking for an experienced local attorney who knows the San Diego courts and California law, contact The Law Office Of Kevin Lemieux, APC here in San Diego for help with your custody case. We also serve neighboring counties and towns.
