The Men's Legal Center
San Diego Fathers Custody Rights Lawyers

A divorce marks more than just the end of your marriage. This is particularly true when the divorce involves deciding the issue of child custody.

Deciding where the children will live and which parent will make decisions related to the children are often the most difficult and emotional issues in a divorce.

If there is a dipute over custody of your children, you owe it to yourself and your children to make the strongest case possible for custody. This starts by immediately seeking the help of San Diego fathers custody rights lawyers.

Primary Factors That Guide Child Custody Decisions

If both parents in a divorce are seeking primary custody of the children, the courts in California will generally use two primary factors in order to come to a decision:

Safety and welfare of the children

The court's overriding concern when making a custody decision is to consider the overall well-being of the children as they would likely exist in each parents home.

Frequent and continuing contact

The court attempt to promote frequent and continuous contact with both parents after a divorce. Of course, if one parent presents a danger or risk to the children, this factor would override the goal of regular contact.

Other Relevant Factors Affecting California Custody Decisions

The two primary factors above largely govern the approach of the courts. However there are additional factors used in order to determine which parent will have primary physical custody. These factors include:

Which parent was the primary care taker of the children during marriage?
What is the present parenting plan?
Is there a history of domestic violence?
Is there a history of alcohol or drug abuse?
Is the environment where the children would live stable?
If age apropriate, the wishes of the children.

While none of these factors are necessarily more important than others, they can and have been used by courts in order to come to a decision.

Types of Child Custody in California

Generally, child custody in California can be divided into two categories, joint and sole:

Joint Legal and/or Physical Custody

There are several forms of joint custody in California where each parent shares in the rights, duties and responsibilities that relate to the children. These forms of joint obligations and decision making can be present in both legal custody and/or physical custody arrangments. In these situations both parents share in the actual caring for the children and in the decisions that affect their lives.

Sole Legal and/or Physical Custody

Sole custody is exactly as it sounds: one parent generally controls the decisions and the care of the children. Sole custody can be granted in the form of exclusive custody or in the form of sole legal or sole physical custody. Legal custody refers to custody where a parent makes the important decisions regarding a child's health, education, and welfare. Physical custody refers to where the child lives.

** A note on Parenting Plans: It is always in the best interest of everyone for the parents to come up with their own agreement regarding a parenting plan as parents know the needs of the children best.

How San Diego Father's Rights Custody Lawyers Can Help

If you’re faced with a divorce and you're concerned about the custody of your children, you need to take immediate action to protect your rights and to protect the interests of your children. This all starts with contacting The Men's Legal Center at (619) 234-3838.

The Men's Legal Center will help you gather evidence, organize information, and begin the process of asserting your legal rights.

Contact the San Diego father's rights custody lawyers at The Men's Legal Center at (619) 234-3838 today to schedule an initial consultation. You will learn more about what needs to be done to give yourself the best chance possible to maintain the contact and relationship with your children.