Child Custody

Family Law Del Mar fights for every one of its clients, presenting the best options for how to resolve and end disputes over child custody. Our family law attorney’s do not just argue the law but also common sense. We know how stressful divorce is and involving children in the process can only aggravate an already difficult situation.

Family Law child custody can be the most contested and high conflict aspect of any divorce. The care and rearing of a child can be the greatest concern to any parent going through a dissolution of marriage. Every client of ours who is a parent expects that their family law attorney will be a strong advocate for their interests and concerns. Family Law Del Mar brings a client first approach to every case. We insist on knowing you as an individual and not just the numbers and facts. A parent and their relationship with their children does not end after a divorce, it continues for a lifetime, and we bring this understanding to every client we meet.

Family Law Mediation before stepping into the court system we feel gives our clients an advantage over traditional methods of child custody resolution. Mediation requires a gathering of facts and vital information about the interaction and relationship that each parent has with the child or children. Parents who have already separated may have an informal arrangement for how visitation with the children is to occur. Parenting style, involvement with school work and extracurricular activities are all significant factors in deciding how child custody should proceed.

In San Diego the family law court looks to assign one parent as a primary custodial parent for all or some of the children. Whether an agreement for custody is reached through mediation or in the family law court there will be a determination of legal and physical custody.

Legal Custody is assigned to the parent who is responsible to make decisions regarding the child’s health, education, and welfare. If an agreement is reached through mediation and both parents are capable the preference is for joint legal custody, where there is a sharing of this responsibility.

Physical Custody in general is the decision on which parent the child will live with. In San Diego family law practice the preferred approach is to assign one parent as the primary custodial parent. While the other parent will be assigned visitation time with the child. Mediation family law gives the parents an opportunity to seek a schedule that accommodates their work and professional life while maintaining a sense of normality and routine for the child.

Sole Physical Custody can be entered into by agreement or order of the court. If one parent is assigned true sole legal custody this gives them significant choice over where the child will live and can allow the parent to leave the county. A parent with sole legal custody is presumed to have a right to leave the county unless the other parent can show how this would be a negative impact on the child. Family Law Attorney George Gedulin has successfully handled move away cases for parents in San Diego. Move away cases require significant planning and preparation, whether requesting to take the child(ren) out of county or arguing