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In California, the legal terminology focuses on “legal custody” and “physical custody,” emphasizing the rights and responsibilities of both parents. The goal is always to serve the best interests of the child, ensuring their safety, stability, and a relationship with all parents whenever possible.
California courts do not require equal time-sharing, but they do prioritize arrangements that best support the child’s needs. Factors considered include:
In many cases, one parent may be designated as the “primary custodial parent,”. The other parent has regular visitation or parenting time. Our San Diego child custody attorneys are dedicated to crafting parenting plans tailored to your family’s unique situation and your children’s needs.
The court can also consider permanent legal incapacity to make decisions as a basis for divorce, but the petitioner must provide proof of the incapacity, typically through medical records and notes from doctors.
A marriage can also be annulled, but specific requirements must be met. An annulment means the marriage never occurred. A void marriage simply means that the marriage was never and can never become valid, based on grounds such as incest or bigamy. A voidable marriage means that the marriage can become valid if an annulment is not sought within a certain amount of time. Grounds for voidable marriages include age of consent issues, fraud, duress, force, physical incapacity, or unsound mind.
A detailed parenting plan is crucial for minimizing conflict and providing clarity for both parents and children. Your San Diego child custody lawyer will help you develop a plan that covers:
Our approach is always to reduce the need for future litigation by ensuring your parenting plan is thorough and clear. If parents live a significant distance apart, we help design schedules that make sense for your family, protecting your child’s routine and relationships.
Not all custody cases are straightforward. Issues such as allegations of abuse, parental fitness, or relocation can add complexity and stress. As experienced child custody attorneys in San Diego, we provide both the strategic advocacy and compassionate support you need. We also collaborate with specialists—such as child psychologists or mediators, when it serves the best interests of your child.
If you believe the other parent is unfit, we’ll help you gather the necessary evidence and present your case effectively, always maintaining the professionalism and respect that California courts expect. Our priority is to help you protect your child while upholding the integrity of the legal process.
California law allows the court to consider the preferences of children who are mature enough to express reasoned opinions. Typically, input is gathered through a neutral evaluator or investigator, not by having the child testify in open court. We ensure your child’s voice is heard appropriately, without placing them in the middle of adult conflict.
If you’re facing a child custody matter in San Diego or anywhere in California, reach out for a confidential consultation. We will listen to your concerns, answer your questions, and advocate for the best interests of your child every step of the way.
Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated San Diego child custody attorney today.
With deep roots in the San Diego community and extensive experience in California family law, our attorneys are committed to guiding parents with authority and compassion. At Burgos Santoyo Smith, you get the experience of seasoned litigators with small firm attention. We recognize that child custody cases go beyond legal results. They shape the future and well-being of your family.
