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San Diego Child Custody Attorneys

Cage & Miles Wants the Best for You & Your Child

For any couple deciding to divorce or separate, the welfare of the children is undoubtedly one of your most important concerns. In the state of California, child custody cases, when decided by a judge, are adjudicated based on the best interest of the child. Essentially, the judge’s mandate is to protect the child’s best interest by granting full or proportional custody to the parents or other family members or custodians based on their demonstrated abilities to care for the child and his or her needs.

In a child custody case, the judge will weigh several factors when deciding how to grant custody. These factors include:

  • Each party’s unique relationship with the child
  • Any special needs the child may have, and each party’s ability and willingness to cater to those needs
  • The suitability of each party’s post-divorce (or separation) living situation for the child
  • The child’s safety
  • The child’s education
  • Evidence of past abuse or neglect

Contact our San Diego child custody lawyers today for a free 30-minute consultation on what to expect during your divorce or separation related child custody process.

Custodial Modification Requests

After custody has been decided, situations often arise in which either the custodial parent or non-custodial parent will request that the court modify custody. This could be the result of the petitioner’s desire to spend more time with the child, the result of a move (for work for example), or because the petitioning parent feels that the child’s best interests are not being served by the other party.

It is a popular misconception that the judge will be unlikely to change the status quo and grant the modification. In actuality, the judge’s ruling will be based on the evidence presented and the petitioning parent’s reason for the request.

Child Custody Vacation Time

One aspect of creating a custody schedule that is also very important to most parents is vacation and holiday time. Holidays generally take precedence over the regular schedule and include both religious and non-religious holidays. Parents should try honoring family holiday traditions in order to maintain consistency for the children. If parents have an alternating schedule and a holiday for one parent does not fall during their regular schedule, then parents should consider swapping that day or weekend to maintain the timeshare schedule.

Parents should also be able to have uninterrupted vacation time with their children. However, for children ages 0-2, vacation time should be consistent with the parenting time schedule for children. Vacation for young children (under age 5) should depend on the age and temperament of the child, and should not interfere with the other parent’s holiday time. For older teens, parents should plan their vacations around the teen’s schedule, especially if they have a job, extra-curricular activities or sports to attend. If extensive travel is involved, a full itinerary including flights, destination, and contact information should be provided to the other parent well in advance of the trip.

San Diego Child Custody Services We Provide

If you are facing a first-time child custody case or would like to seek a modification of custody, it is importation that you work with a tough and compassionate legal team to help you get the job done. At Cage & Miles, we have handled hundreds of family law and custody legal proceedings. We will aggressively represent you and your interests in order to secure the best possible outcome for you and your family.

Call (858) 943-2060 for a free 30-minute no-obligation case consultation with one of our child custody lawyers in San Diego.

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