Child Custody / Child Support Issues in San Diego

Thank you for visiting My San Diego Family Law Attorney. We practice Family Law with an emphasis on Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around San Diego.

At the Family Law Offices of “insert attorney name” in San Diego we are dedicated to helping mothers and fathers when Child Custody and/or Child Support issues are disputed. We are compassionate, assertive and committed to your child’s welfare.

San Diego Child Support and Child Custody Overview

California courts determine custody by the best interests of the children.
It is very important for the children to know that they are loved by both parents.
It is extremely necessary for both parents to play a vital role in the lives of their children.
When parents cooperate with each other, the children feel secure and loved.
Parents need to remain a positive factor in their children’s lives.

Child Custody in San Diego

The court’s #1 priority in determining custody is the child’s best interest.
California law requires the parents to reach an agreement on a parenting plan.
The court also considers which parent will allow frequent visits (or parenting time) with the other parent.
In San Diego, the court will order mandatory mediation to take place before the court hearings.

Joint Legal Custody
- Children have equal time with both parents.
- Both parents are responsible for making all major decisions, such as:
  - Medical care
  - Education
  - Safety
  - Religion
  - Daily welfare issues

Physical Custody
- Can be primary or joint physical custody
- Joint - each parent has custody and control 50% of the time
- Primary – the children live with one parent; the other has visitation
- Each parent provides care

Sole Custody
- Granted only in cases of abuse or neglect.
- The court can order supervised visitation to the non-custodial parent.
- One parent makes all major decisions.

Unmarried Parents

If a relationship ends, either parent can file for custody of the child.
A DNA paternity test is given when the couple has doubts as to who is the father of the child.
- Once paternity is established, custody, visitation and support are determined.

Family Law Mediation in Child Custody Matters

California law requires parents who dispute child custody and visitation rights to attend mediation with a court-appointed counselor.
The mediator will help the parents agree on a plan which is in the best interests of their children.
- Visitation schedules
- Responsibilities for each parent
- Miscellaneous issues pertaining to your children’s welfare
Money matters such as child support are not discussed during mediation.
The mediator will remain neutral throughout this process.
Family Court Services holds a support group on Thursdays at 7:00 p.m. They request you do not bring children unless specified.
Mediation must take place before the court hearing. A downtown location is:
- 1555 Sixth Avenue
- San Diego 92101
- 619-236-2681

Visitation

Set schedule that includes:
- During the week
- Weekends
- Holidays
- Birthdays
- Summer and Spring vacations
Visits for Grandparents
- The court determines if there is an existing relationship between the children and their grandparents.
- Court awards visitation to grandparents if it finds the visit is in the best interests of the children.

Relocation or Move Away Orders

When moving away becomes an issue, the court will step in and determine if the move is in the best interests of the children.
You, as the primary custodial parent, have to show the court that moving has benefits for your children.
Relocation brings up several child custody issues:
- Visitation schedule will have to be modified
- How will it affect the relationship with the non-custodial parent?
- Ages of the children
- Do the children want to move?

San Diego Child Support

The first step in establishing Child Support payments is to file a Summons and Complaint against the non-custodial parent.
- Support includes health insurance in addition to money for day-to-day living expenses
The Department of Child Support Services and the court use the Child Support Guidelines to determine the amount of the child support payment.
The amount is based on:
- Each parent’s net income
- The time the child spends with each parent
A motion must be filed in order for both parents to share expenses for:
- Medical bills not covered by insurance
- Educational special needs
- Day care
A child support order can be obtained by:
- A Voluntary Agreement or Stipulation
  - Once both parents have the Summons and Complaint, they can talk to a support staff member.
  - If they agree on terms, they do not have to go to court
  - The signature of both parents will be needed on this agreement
- Court Hearing
  - If the non-custodial parent does not agree to a stipulation, he or she can request a court hearing.
  - The court will determine the amount of the child support payment.

Default Order
- If a stipulation cannot be reached and the non-custodial parent does not file an answer to the Summons and Complaint within 30 days, the case is considered to be in default.
- The court can enter a Default judgment without the non-custodial parent’s attendance.

Conclusion
Our primary goal is to take care of the needs of you and your children. We offer personalized time and we explain all steps to you in language you understand because child custody and child support issues can be complicated. Call us at the Family Law Offices of “insert attorney name” in San Diego. Your children are important to us and we will fight for their rights and protection.