CUSTODY, CHILD SUPPORT & VISITATION
Talented and Effective Legal Advocacy for Custody, Child Support & Visitation Rights in San Diego, CA
Child custody, child support, and visitation rights are at the epicenter of a parents’ financial and emotional exhaustion. The choices you make here, though, will have a daily impact on your children’s lives, in addition to determining your parenting impact and day-to-day role in their childhood.
The Court must always put first the child’s best interest when considering custody and visitation matters between parents. The Court has a requirement to evaluate many factors before ruling on child support, child custody, and visitation matters. Once the initial determination has been made, future modifications are typically only brought when significant changes to financial or time-share circumstances have occurred.
Resolving issues involving visitation, child custody, and child support requires experience and care in representation. The established family law lawyers at Shorb & Connor APC provide accessible legal advice when you need it the most.
Diligently Reaching and Negotiating Fair Custody Agreements
Our attorneys handle complex and high-stakes custody and visitation matters in San Diego County and in counties across Southern California. We are successful in reaching amicable parenting plans, otherwise known as Custody and Visitation Agreements, between parents because it’s necessary for your children’s welfare.
Kristin Connor was amazing and did an amazing job representing me. Her advice was straightforward and honest which helped me make the hard decisions during a very difficult time. She fought hard to get me what I needed and never backed down until she succeeded. Kristin and her staff kept me updated every step of the way and were always available to answer my questions throughout my case. I would highly recommend Kristin to anyone going through a divorce or fighting for custody. She was in my corner every step of the way.
What Is The California Custody Law?
California law distinguishes between “physical” and “legal” child custody.
- If the parent has “sole physical custody,” then the child will reside with you, and the other parent will typically have visitation.
- If the parent has “joint physical custody,” then the child will reside with each parent, typically splitting time evenly between both homes.
- If the parent has “sole legal custody,” then you have the exclusive right to make decisions about your child’s health, education, and welfare.
- If both parents share “joint legal custody,” then both parents have the legal right to participate in such decisions.
California law allows for child custody to be specified in a number of ways:
- Sole physical and sole legal custody
- Sole physical and joint legal custody
- Joint physical and joint legal custody
- Joint physical and sole legal custody
Pursuant to California law, those parents who cannot agree to a child custody agreement must participate in court-ordered mediation in an attempt to resolve the issues. Mediation is only useful when each parent is willing to negotiate and come to an agreement. If either one of the parents is not ready to agree or cooperate, then litigation regarding the custody of the child(ren) will be necessary.
Kristin was fantastic and so very professional. She never said a negative comment about my ex wife through out the proceedings and was very informative. I have and will continue to refer Shorb & Connor to all my friends and family. The process can be scary and intimidating but Kristin took all of that away. I left feeling happy and with my integrity in tact.
Successful Modification of Child Support and Orders
After the Court has set an order pertaining to child custody and child support, it may be changed if adequate circumstances have also changed to be able to request a modification. Whether or not the order was temporary or permanent will affect the ability to request a modification.
With life and family dynamics constantly in movement, it’s not uncommon for custody orders to become stale or not longer feasible for parents or children. Even if the two parents agree on the modification, the change must be made formally with the Court, which ultimately must approve the changes.
Suppose one parent is pursuing a modification of the order, and the other parent disagrees with the changes. In that case, the first parent will need to show evidence of a significant change in circumstances that provides grounds to request a modification.
Factors in Calculating Child Support Amounts
After gathering and evaluating the appropriate amounts and factors, child support amounts in California are calculated using a formula set by the Courts. We can calculate the anticipated child support award after determining a few factors about the financial and custody standing of the parents.
The following items are considered when calculating the final award of child support:
- Each parent’s income
- Each parent’s disposable income
- Mandatory payroll deductions (health insurance, retirement deductions, union dues, etc.)
- Available income tax deductions and tax filing status
- Healthcare expenses for the child(ren)
- The number of children receiving support
- The amount of time each parent spends with the child(ren)
- Childcare costs for each child, incurred by each parent
- Any child’s special needs
I received assistance with a difficult non-divorce family law matter. Mr.Shorb was incredibly responsive and very very helpful. Highly recommend him.
Respectful Counsel and Responsive Representation
As San Diego custody lawyers, our experience and personal attention to your matter make all the difference. We advise parents to reach child custody agreements that best align with their child’s best interests.
If you’re facing a custody dispute and need help understanding, negotiating, and asserting your parental rights to obtain legal custody or physical custody, let the family law and child custody attorneys at Shorb & Connor APC fight the battle for you today, by contacting us online or calling us at 858-771-9400.