If you are in a child custody battle, the best way to get a custody agreement that’s favorable to you and that’s in the best interest of your child is with the help of a child custody attorney in San Diego. Together, you and your attorney can do certain things that will help your case.
How to Secure a Favorable Custody Agreement
1. Start By Learning Your Terms
Here in California, there are two types of custody: legal and physical. Your lawyer will explain all of this to you in detail, but for now, you should know that, depending on what the court decides is best for the child, both parents can have both types of custody, or neither, or one but not the other. The first step in building a strong case is to talk through carefully with an experienced child custody attorney in San Diego what you want for your child and why you think it’s best. Then you and your lawyer will work together to build a case for this and present it convincingly to the court.
Legal Custody
Legal custody determines who has the right to make decisions about the important issues in a child’s life, including decisions about their religious and educational upbringing, their healthcare, and their general welfare. In California, the default of the court will be to assume that both parents should have this right equally.
The only way to have sole legal custody of your child would be by showing that there has been violence on the part of the child’s other parent, the other parent has historically been absent, or there is some other situation that makes it bad for the child for their other parent to have a say in these important decisions. If the parent has shown a history of making poor decisions for the child, you would need to be able to show this, and your lawyer will help you to put together a strong case that does.
Physical Custody
Again, there can be joint physical custody (when the two parents generally trade off having custody of the child) or sole physical custody if one of the parents is deemed unfit to have custody. If one of the parents is not fit to actually have custody of the child, they may still have visitation rights. These visitation rights can be on their own or can be supervised.
It’s also important to know that having joint physical custody does not necessarily mean a 50-50 split of time with your child. The law only requires that each parent be given “significant” time with their child, and the court will decide what that means for you based on the schedules and needs of the child and both parents. The courts encourage the parents to work together to come up with a plan on their own and will generally honor this plan so long as it’s clearly in the child’s best interest.
2. Hire an Experienced Child Custody Attorney in San Diego
Finding an experienced lawyer who understands California family law and has experience in the San Diego courts is one of the most important things you can do to secure a favorable agreement for custody. You’ll want to have a skilled advocate on your side, so look for someone with a track record in family law and who particularly has experience in custody cases. Not only does that mean they understand the law, but it also means that they have experienced in mediation, within the courtroom, and in understanding the needs of parents who are going through a divorce and a custody battle.
Once you have a lawyer, be sure to communicate with them honestly. Proactively tell them about things that are concerning you and lay out the whole situation for them so that they can give you the best possible representation. Rest assured that a good lawyer will help you to understand what the California courts will be looking for and the best way to present a strong case to them.
3. Build an Evidence-Based Case
The court is going to look at the evidence you show to help them assess the parenting skills of both parents and the needs of the child. The first thing that you will need to do is provide clear and convincing proof that you can provide a stable and supportive environment for your child.
You will do this not only by demonstrating your own personal situation but also by showing that you thoroughly understand what’s going on in your child’s life. You’ll want school records, medical records, your own financial records, and information about your work and your home. If there is something that makes the other parent unfit in someway, talk to your lawyer about the best way to get evidence to prove their lack of fitness to the court.
4. Put the Child’s Best Interests First
It can be easy to get distracted in a custody battle by the goal of winning physical or legal custody of your child and possibly preventing an unfit parent from having custody. It’s very important as you build your case, however, to keep in mind that the court be laser focused on what it decides is in the best interests of the child. That’s the legal standard the court must uphold, and therefore, to build a strong case, your best strategy is to also be laser focused on that same standard.
The court is going to look at the child’s emotional, physical, and educational needs as well as their age and even preference (though a child’s preference about which parent they want to live with is never the sole determining factor, and the younger the child, the less important this factor will be in the court’s decision). Other things the court will consider include:
- The physical and mental health of each parent
- The home environment that each parent can provide
- The relatives and friends that could be involved in the child’s life
- The working situation of both parents
- The proximity of both parents to the child’s friends, relatives, and school
- The way each parent has demonstrated fitness as a parent thus far in the child’s life
5. Think About What You Say and Do
As you go through this battle, the court will be paying attention to your conduct. Any signs that you are an aggressive or angry person are going to harm your case, even if you are being driven to it by the other parent. Do everything that you can to stay calm and to avoid confrontational situations with the other parent. A parent who shows a desire to get along and co-parent effectively will be seen in a much more favorable light by the court.
The court will especially look unfavorably on any attempt to involve children in personal disputes. Divorces are stressful for children, and if custody becomes a contentious issue, that stress is greatly magnified. Demonstrate to the court that you are a fit parent by keeping your child out of the battle and remaining positive in all your discussions with them.
If you’re in a custody battle, know that you don’t have to battle alone. Contact the Law Office Of Kevin Lemieux, APC now here in San Deigo, where we fight for families. We’re ready to help.
