DECIDING CHILD CUSTODY IN CALIFORNIA

One of the most emotionally charged aspects of a divorce and ending your marriage is the possibility that you will no longer live full time with your children. Child custody disputes can be extremely painful for parents and children alike. There are several factors the courts take into consideration when making a child custody determination.  Everything we do in life is for our children’s best interest so having the guidance of a family law attorney is strongly recommended. Our attorneys at Mellman & Mellman, LLP have mastered the art of advocacy when it comes to presenting your child custody case in a compelling and persuasive fashion.

Deciding on the ideal custody arrangement for children is complicated and requires an in-depth analysis of the relationships among the parents. If both parents are equally involved in parenting, in many cases, a court will award them joint physical custody. If not, the court will look at which parent is more actively involved in the children’s day-to-day lives, and will determine if the current situation is working.  However, there are several factors the court will consider and the attorneys at Mellman & Mellman are well versed in obtaining the maximum amount of child custody.

FACTORS CONSIDERED BY THE COURT TO DETERMINE CHILD CUSTODY

In order to determine the custody arrangement that will be most beneficial to a child, courts consider multiple factors, including these:

  • Whether one or the other parent has been the primary caregiver of the child
  • The parenting skills of each parent
  • The child’s relationship with siblings and extended family members
  • The environment in each home
  • The work schedule of the respective parents and child care arrangements in each household
  • If the child has special needs, which parent is better able to provide for those needs
  • The emotional stability and mental and physical health of each parent
  •  Whether substance abuse is an issue for either parent
  •  Depending on the child’s age, which parent he or she prefers to live with
  • Any history of domestic violence
  • Each parent’s ability to co-parent and to promote a positive relationship with the other parent, when contact is not detrimental to the child

If the divorcing parents are unable to agree on a custody arrangement, the court will order them to work with a Family Court Services Mediator, who will be examine the family situation in detail and then make custody recommendations.  When you hire the attorneys at Mellman & Mellman, LLP we will prepare you for Family Court Services Mediation.  This is extremely important for your case because the Mediator will write a report that is prepared for the court and considered by the judge.  This single aspect can have a major outcome on your case.

CHILD CUSTODY MEDIATION

If after mediation the parents still cannot agree on child custody, they will proceed with a court hearing, which could involve an evaluation by a psychologist, psychiatrist, or other family relations professional. Because of the high cost of these proceedings, it is usually preferable for the divorcing parents to enter mediation with a positive attitude and commitment to resolving the conflict. Being represented by a San Diego family law attorney with excellent negotiating skills can help resolve your case without needless litigation.

EXPERIENCE MATTERS WHEN IT COMES TO CHILD CUSTODY AND VISITATION ISSUES

The attorneys at Mellman and Mellman, LLP are centrally located in downtown San Diego and we are passionately committed to with making the divorce process as easy for the children as possible. Our knowledgeable San Diego family law attorneys will help you determine the best solution for your unique situation, with the best interests of your children in mind. To learn more about how we can help you resolve your issues relating to child custody, visitation, and support, call Mellman & Mellman, LLP today to schedule a complimentary consultation.