What to Expect During a Divorce in San Diego: A Step-by-Step Legal Guide

Navigating a child custody case can be one of the most emotional and stressful experiences for any parent. As a family law attorney practicing in San Diego for over 34 years, I’ve seen the toll these disputes can take—not only on parents, but on the children involved. If you’re going through a separation, divorce, or need to modify an existing custody arrangement, it’s crucial to understand how California courts approach child custody cases. Here are 7 key things every parent should know about child custody in San Diego , and how I can help you through the process. 1. California Prioritizes the Child’s Best Interests California family law—like the San Diego County courts—centers on the best interests of the child . That may sound simple, but it’s a complex standard that considers: • The child’s age and health • Emotional ties to each parent • The ability of each parent to care for the child • History of substance abuse or domestic violence • Stability of home and school environment I help my clients present a clear, compelling case that shows how their parenting plan supports the child’s overall well-being and stability. 2. There Are Two Types of Custody California recognizes two forms of custody: • Legal custody: Who has the right to make decisions about the child’s education, health, and welfare. • Physical custody: Where the child lives and who provides day-to-day care. Parents can share joint custody , or one parent may be granted sole custody depending on the circumstances. I work closely with clients to develop fair and realistic arrangements that protect parental rights and promote a stable home life for their children. 3. A Parenting Plan Is Required If both parents can agree, a Parenting Plan (also called a custody and visitation agreement) must be submitted to the court for approval. If not, the judge will create one for you based on the evidence and testimony presented. A solid parenting plan covers: • Weekday and weekend schedules • Holiday and vacation plans • School pick-ups and drop-offs • Communication expectations I guide clients in crafting thorough, fair parenting plans that reduce conflict and offer clarity for both parents and children. 4. Mediation Is Often Required Before Court In San Diego County, if parents cannot agree on custody or visitation, the court will likely require mediation before a judge hears the case. The court provides a mediator at no cost, but legal advice isn’t part of the mediation. This is why it’s incredibly valuable to prepare with your attorney beforehand. I help my clients get organized and confident for mediation, so they can clearly present what matters most. 5. Modifications Can Be Requested Custody orders are not set in stone. If there’s been a significant change in circumstances—such as a parent relocating, job loss, or changes in the child’s needs—you can request a modification . I often help parents petition the court to modify custody agreements in ways that better reflect the current situation while still focusing on the child’s best interest. The process must be handled with care to avoid legal setbacks or delays. 6. Custody Disputes Can Affect Child Support Many parents don’t realize that the amount of parenting time directly impacts child support calculations . If custody changes—especially the number of overnights a child spends with each parent—it can significantly affect the amount of child support paid or received. As your attorney, I ensure that both custody and financial matters are addressed together, so your interests are protected on all fronts. 7. You Don’t Have to Do This Alone I’ve walked with hundreds of parents through the custody process, and I know how overwhelming it can feel. My role is not just to provide legal expertise, but to be a steady, compassionate guide who helps you stay focused on what matters most—your child’s future. Whether you’re filing for custody, responding to a petition, or seeking a modification, I will work tirelessly to ensure your voice is heard and your rights as a parent are respected. Need Help with a Child Custody Case in San Diego? If you’re facing a custody dispute or considering your legal options, don’t wait to get the support you need. As a San Diego child custody attorney , I’m here to help you create a parenting plan that works, protect your time with your child, and guide you through every step of the process.

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