San Diego Child Custody Attorney

We Provide Solutions-Focused Child Custody Representation in San Diego

At Aloha Law, PC, our San Diego child custody attorney is a compassionate and experienced advocate for parents. Family is important. Nothing should come between you and your relationship with your children. If you have any specific questions or concerns about a child custody case, we are here as a resource. Contact us at our San Diego family law office today for a confidential consultation with a top California child custody lawyer. 

An Overview of Child Custody Laws in California

If you are a divorcing or separating parent of young kids or teenagers in San Diego, it is crucial that you have an understanding of our state’s child custody laws. Here are some of the key points that all parents should understand about child custody in California: 

  • Physical Custody is Different from Legal Custody: Custody is split into two concepts. Physical custody refers to where and with whom the child lives. Legal custody concerns decisions about the child's education, health care, and welfare. Courts often grant joint legal custody even when physical custody is awarded to one parent. 

  • Some Form of Joint Custody is Favored By Courts: In California, courts typically favor joint custody arrangements. It is presumed to be inherently better for kids to have a relationship with both parties. They encourage both parents to remain actively involved in their child’s life. In a dispute, judges often start from the presumption that joint legal and physical custody is appropriate (it conflicts with the child’s best interests.)

  • Mothers have No Inherent Advantages Over Fathers: Child custody laws in California are gender-neutral. In other words, mothers do not have an inherent advantage over fathers in custody disputes. The law explicitly prohibits gender preference in custody decisions. Instead, the specific circumstances of each case are always carefully considered. 

  • The Best Interests of the Child Standard Applies: California is a “best interests of the child” state for custody.  A wide range of different factors are used to determine what arrangement is best for a child. Courts use these criteria to determine the most beneficial custody arrangement for the child's overall well-being.

What to Know About the Best Interests of the Child Standard

The best interests of the child standard is the cornerstone of custody and visitation cases in California (Cal. Fam. Code § 3011). A court can evaluate what is best for a kid’s health, safety, well-being, social development, and future in a custody or visitation dispute. Here is an overview of some of the most notable child custody factors in California: 

  • The Relationship With Both Parents: Courts consider the child's existing relationship with each parent. Among other things, they will look at how much time the child has spent with each parent and the quality of those interactions. A parent with a demonstrated healthy relationship is more likely to get primary custody rights. 

  • The Ability of Each Parent to Meet the Child's Needs: California law also considers each parent's capacity to cater to the child's physical, emotional, and educational needs. It includes considerations like parenting skills, financial stability, and the ability to provide healthcare and education. 

  • The Child's Preference:  If the child is of sufficient age and maturity, the court may take their wishes into account. Typically, children aged 12 and older can express their custodial preferences—though younger children may also be heard if deemed appropriate. While the child's preference is considered, it does not solely determine the outcome in any case. 

  • Any History of Domestic Violence or Substance Abuse: Parental misconduct is a very big deal.  A parent's history of domestic violence, substance abuse, or criminal activity significantly impacts custody decisions. It could potentially even result in one parent being awarded sole custody. 

Understanding Parenting Plans in California

Broadly described, a parenting plan is a comprehensive agreement between parents that outlines how they will share custody and responsibilities for their child after separation or divorce. The plan typically details physical custody arrangements, visitation schedules, holidays, and how decisions about the child's education, health care, and welfare will be made. Courts encourage parents to collaborate on a plan that serves the best interests of the child. Our San Diego child custody lawyer has the skills and experience to help you negotiate a favorable, workable parenting plan. 

We are Committed to Helping Clients Find Amicable Solutions in Custody Cases

Our family law team knows that parents generally do not enter a custody or visitation case looking for a fight. As passionate as you are about protecting your kids, you always want what is best for their future. In most cases, collaborative solutions work best in child custody cases. Our San Diego, CA, child custody lawyer is committed to helping parents find low-conflict resolutions whenever possible. At the same time, we are always ready to fight aggressively to protect your parental rights.

Why Parents Trust Our San Diego Child Custody Lawyer

Going through a child custody dispute is never easy. For parents, it is normal to feel stressed out, overwhelmed, and unsure of what to do to protect their rights and their family. T. Healoha Lee, Esq is an experienced California family lawyer. With decades of relevant experience, she advocates for parents with professional skill, integrity, empathy, and compassion. We are always proactive. Along with other things, our San Diego child custody attorney is prepared to: 

  • Listen to what you have to say and answer your custody questions; 

  • Investigate your case—gathering all relevant supporting information; 

  • Represent you in any parenting plan negotiations with your co-parent; and

  • Develop a comprehensive strategy to help you obtain the best outcome for your family. 

Contact Our San Diego Child Custody Lawyer Today

At Aloha Law, PC, our San Diego child custody attorney is a compassionate, experienced advocate for parents. If you have any questions about a child custody case, please do not hesitate to contact us today for a strictly confidential, no-obligation consultation. With a law office in San Diego, we handle child custody cases throughout the entire region.