Justia Lawyer Rating
BBB Rating A+
Top Rated
Lead Counsel Rated
Yelp badge
Avvo Rating
Super Lawyers
30 Years badge
CNN Money
Reginal Chamber
Best Business of 2022 - ThreeBest Rated badge

2011: What are the Factors San Diego Superior Court Judges Consider in a Divorce, Legal Separation or Paternity for Child Custody Orders?

In San Diego, if parents disagree on the custody orders, a San Diego Superior Court Judge will make an order. If you are going through a divorce, paternity or legal separation case, it is very important to understand what factors the Judge will consider in making their decision. In any legal separation, divorce or paternity, the issue of child custody can be the most important order the San Diego Superior Court Judge makes. Below is a list of factors but this is not all inclusive.

Under California law, a Judge will consider in a divorce, legal separation or paternity, what is in the best interests of the child or children. There are many factors and, under the law, below is a partial list: health, safety and welfare of the child; any history of abuse by one party against any child related by blood or affinity or caretaker relationship or the other parent or a spouse; the nature and contact amount with both parents; continual or habitual use of illegal controlled substances or alcohol or any other relevant factors which go to the best interest of the child or children.

There is a public policy codified in California law which defines the legislative intent towards parental contact. These factors include that, as above, the health, safety and welfare of the child or children shall be the primary concern of the Judge in determining the best interests when making any orders regarding physical and/or legal custody and visitation. There is a finding that any domestic violence or child abuse where a child or children reside is determined to be detrimental and not in the best interests. In addition, public policy is that there should be frequent and continuing contact with bot parents after the dissolution or separation and parents are encouraged to share the responsibilities and rights of raising their children with the exception of when this would not be in the best interests.

As to the order of preference for custody, this is according {again} to the best interests and shall be jointly to both parents with the Court considering which parent [among other factors] is the most likely to promote and encourage frequent and continuing contact with the non custodial parent. A Judge may not prefer a parent for preference of custody based on gender. In some cases, a Judge will not place with either parent but this is not the norm in San Diego.

If you are going through a contested custody and/or visitation case in San Diego and need legal representation, please feel free to contact us for a confidential consultation.

Client Reviews
Dear Roy, I would like to thank you and all team members as well as office staff for helping me defend in this case. It has been a difficult time for me during the last couple of weeks, and now because of this success result, I am able to move forward with my new chapter of life, even a little late at this age!!! Again with much appreciation, I wish you all to continue to do the same with a big heart as it was with me, in helping those who are in need of your professional services. W.
Thank you for your time and energy on this case, you took so much of the worry away from me! I appreciate all of your help. I will use and recommend you to other in the future. T.S.
I want to take this time to thank you and your staff for an outstanding job with my case to terminate spousal, you are an excellent attorney Roy, and your staff is very professional and considerate to my questions and concerns of my case. Thank you very much again. T.Y.
I wanted to say how much I appreciate your help and advice in regards to my name change. Your assistance during this time has been invaluable. Thank you again. M.J.