Child Custody

During your CA divorce the court may issue custody orders and visitation. If you and your spouse can come to an agreement on custody of your children, the judge will usually approve your formal arrangement.   However, without an agreement the judge will usually require that you and your spouse meet with a mediator.  After mediation, the judge will consider the mediator’s suggestions to determine the custody orders.

For more information see San Diego child custody agreements.

To determine custody of your children, the Family Court is required to consider the children’s health, safety, and well-being.   To decide what is best for your children the judge’s considerations include the following:

  • the child’s age,
  • the child’s health,
  • emotional ties to the parents,
  • parents’ ability to care for the child,
  • history of family violence,
  • history of parents’ substance abuse,
  • and other considerations.

If your spouse alleges that you are an unfit parent due to abuse, it is best to seek the advice of a family law attorney immediately.

Keep records of your past and current involvement with your children to demonstrate to the judge that you are a caring parent.

The outcome of a custody order will probably affect the amount of child support owed.  For example, more custody time with the higher earning spouse will reduce the amount he or she is ordered to pay.