Determining child custody and visitation is often the most emotional and contentious part of a divorce. Physical custody, or the responsibility for the physical care and supervision of the child, and legal custody, or the responsibility for making important decisions about the child’s welfare, including their education, health care, and religious upbringing, are determined by the court.

In most child custody cases in San Diego, parents share legal custody of their children, however, one parent may be awarded a greater share of time with the children. Another common arrangement is for parents to share joint physical custody, meaning that the children divide their time equally between both parents’ households.

The court’s top priority is finding a child support and visitation arrangement that best serves the child. “Fairness” and what works best for the parents is secondary in the eyes of the court to the best interests of the child. In general, the court aims to grant joint custody in some form. To facilitate this process, the courts in San Diego require families to attend family court services. A mediator then recommends a sharing plan that includes a schedule for sharing time, including holidays, vacations, and any other special events.

We strongly encourage you to negotiate a fair and reasonable parenting plan before your dispute goes to litigation. Our goal is to help you create a plan that works for you and your child and to help you avoid litigation if possible, as it only exacerbates expenses and means that you will relinquish the decision to a judge who doesn’t know your child’s physical and emotional needs as well as you do.  It is in everyone’s best interest to resolve child custody and visitation matters as expeditiously as possible, minimizing the stress of uncertainty and the emotional harm caused by conflict on the children involved.