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Child Custody & Visitation

Fathers Visitation Rights in San Diego

Fathers Visitation Rights in San Diego

Maintaining fathers visitation rights after a particularly heated divorce or during a separation procedure can be complicated.  It really helps to understand what fathers visitation rights you have as a father under California state law. If you and your ex have recently filed for divorce, the chances are high that you are going to be going through an emotionally fragile situation.  It is very likely that making strategic and sensible decisions may be more difficult, having emotional support through this process is important.

Knowing what fathers visitation rights in San Diego are in comparison to other custody orders, may help to ensure that you are well informed.  This is important so you do not lose any of your entitlements as a Father that you so desperately need in order to be able to continue to provide the care and attention to your child.  It is important to understand fathers visitation rights in San Diego.

What’s the difference between Legal Custody and Physical Custody?

Physical custody refers to the place in which the child will live, whereas legal custody refers to the individual rights of the parent to make decisions in the best interest of the child. This may include a parent deciding which school the child will attend, or whether they will seek certain forms of medical attention. As a father, you have the right to make decisions about your child with the other parent jointly.  Fathers visitation rights includes having joint legal custody to be able to make decisions about your child with the other parent.

The Role of Mediation in Visitation and Custody

Most of the time, when a couple is going through a divorce, the judge in question may order them into mediation in an attempt to resolve the dispute with as little conflict as possible. The idea is that the parents, by working together with an objective individual, will have the best opportunity to create a plan that protects the child’s best interests, and gives them both the results they need. The only threat that a mediator can present to a divorce case takes place if the couple going through the divorce cannot come to a reasonable agreement during their mediation sessions. Fathers visitation rights are addressed in this process, in San Diego mediation is a mandatory part of a custody case.

If an agreement cannot be formed, then the mediator will construct his or her own recommendation for the best options in visitation schedules and custody options. Since mediation is mandatory in San Diego, most judges will automatically give the recommendations of a mediator automatic approval, however if you do not agree with the mediator’s suggestion, you do have the right to contest the decision at court with an evidentiary hearing.

The mediator will take into consideration who has been the primary caregiver, where the parties live, how often the parties work, and the desires of the child.  It is important to fathers visitation rights, that these factors be presented accurately as it can mean the difference between joint physical custody or seeing your child on alternate weekends.

Rights to React Against Slander and Insults

When in the process of a divorce, insults usually go back and forth between the former wife and husband when they are alone and out of earshot, turning the children involved into prisoners that are caught between two important people in their lives. The result of this could be that your ex-wife starts to bad-mouth you in front of your children, which can be highly upsetting for you.

As a father, you have the right to keep the other parent from alienating you from your children through insults, by requesting a hearing that allows you to seek sanctions against your ex-wife. The rights of father’s in custody and visitation cases are more expansive in certain states than others. In California, for example, this may not be case and this is why you need to have a hard working and committed attorney who is walking you through this process so you know what the law is and how this affects you. Every case has different orders, as part of your fathers visitation rights you can make sure the orders include restrictions on communications with any minor children.

Minella Law Group can Help!

The dedicated attorneys as Minella Law Group can help guide you through the difficult and emotional process of seeking custody orders as a father in San Diego.  Minella Law Group is experienced in child custody cases and can give you immediate hands on representation that you need.  For more information or to schedule a no cost consultation, click the button below or call us at (619) 289-2748.  We look forward to helping you!

Move Away Requests in San Diego

The Facts About Move-Away Requests in San Diego

If someone were to ask a family law judge about the most difficult type of case they have to preside over, most of the time, the answer would be a move-away request.  A move away is where one party seeks to relocate themselves, and their child, to another geographic area. The destination could be 50 miles away, or 2,000 miles, making it difficult for the other parent to maintain a relationship with their child.

If the court does grant the move away request, the non-custodial party will no longer be a significant part of their child’s day-to-day life. However, if the court denies the move away request, and the custodial parent has no choice but to move away, then the child will be separated from the parent they may have the closest bond with. Either way, the circumstances are tough on the child.

What the Court will Consider

In move away requests, the court will consider various different factors, including:

  • The distance of the move away, if a move away is only a couple of hours away, it may be considered as less disruptive to the life of the child, and that child’s relationship with the non-custodial parent. However, a move away that takes the child across country, or to a different part of the globe, could require greater scrutiny. Usually, in international cases, the court will need to consider cultural differences, including potential, language, and dangers within the country where the child will be raised by the custodial parent.
  • The age of the child. Sometimes, a  move away that is far away from the other parent can be seen as more detrimental to a younger child who has a strong attachment to both parties.
  • The reason for the move away. In California, the parent does not have to justify their reasons for moving, but if there is evidence that the purpose of the move away is in bad faith, for example to interfere with the relationship between the child and non-custodial parent, the court will consider this in their decision.
  • The child’s relationship with each parent. The court will examine the relationship of the child with each parent and consider the attachment that may be present. If there is conflict between a parent and child, the court may appoint a child custody evaluator to make a decision.
  • The relationship between the parties. Do the parties engage in a healthy co-parenting relationship or is one parent undermining the other? If there is a significant distance between the parties there needs to exist a healthy co-parenting relationship or the noncustodial parents relationship with the child will suffer.
  • Where the child wants to live. In some cases, the child may be able to make a statement about where he or she wishes to live. In California, the law requires that children over the age of fourteen must be allowed to testify unless the court believes it will be harmful for the child.

Critical Decisions to Make

Whether you are the parent seeking a move-away request, or the non-custodial parent, you should seek the assistance of an experienced move-away request attorney when it comes to dealing with an issue that can determine how much time you spend with your child. Your lawyer should be able to give you advice on the factors within your case that may influence the court, as well as what you could do to strengthen your position and effectively present your case.

Minella Law Group can Help!

If you are facing a move-away request it is important to have an experienced move-away request attorney by your side.  Minella Law Group is experienced in move-away requests and can give you immediate hands on representation that you need.  For more information or to schedule a no cost consultation, click the button below or call us at (619) 289-2748.  We look forward to helping you!





Technology Can Ease the Strain of Co-Parenting

For couples with children who divorce, their relationship does not end when the divorce is final. Somehow, parents who have divorced still need to find a way to have a successful co-parenting relationship. While forming a co-parenting relationship is relatively easy for couples who have had an amicable divorce, this relationship can be more difficult for those who have had gone through a high-conflict divorce. Parents who have a strained relationship have started to opt for technological solutions to communicate with their ex-spouse about their children and coordinate schedules. Additionally, technology can help parents keep in touch when either they or their children have moved to another town or across the country.
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