Justia Lawyer Rating
BBB Rating A+
Top Rated
Lead Counsel Rated
Yelp badge
Avvo Rating
Super Lawyers
30 Years badge
ABA
CNN Money
NBC
Reginal Chamber

2016: Custody and Visitation Procedures for Residents of Rancho Bernardo in San Diego Superior Court

What is the Difference Between Legal Custody and Physical Custody for Rancho Bernardo Residents in the Superior Court of San Diego?

Legal custody refers to making decisions regarding health, education and welfare. These can include decisions on doctors and therapy as well as schools and vaccinations and other health decisions and religion. In San Diego Superior Court, the vast majority of parents have joint legal custody. There are some circumstances, such as when a military member is deployed overseas or one parent is in custody or convictions of crimes such as sexual molest, that a sole legal custody order may be granted. Physical custody refers to the parenting plan itself. The legal standard that the Judges use is called “best interests”. The best interest factors include bonding, stability, frequent and continuing contact as well as which parent is the most likely to promote and foster and encourage visitation with the other parent. Of course, this is very subjective standard. The Law Firm of Doppelt and Forney, APLC can help you analyze these factors for your case.

How Do You File for Custody and Visitation Orders in San Diego Superior Court and What is the Procedure for Mediation and Court?

In order to ask the Judge for custody and visitation, there must first be an open family law case. This may be a petition for divorce, paternity or legal separation. Once a case number is obtained, then a motion [called request for order] may be filed asking for parenting plan orders. Once this motion is filed, there will be two court dates set: mandatory mediation at Family Court Services and a hearing before the Judge. California is a mandatory mediation state. What this means is that before a Judge will make an order for visitation and custody [absent abuse, molest or neglect or other emergency], the mother and father must attend the mediation. Family Court Services is part of the County of San Diego Superior Court and is staffed by professionals who meet with fathers and mothers and try to have agreements reached. If an agreement can be reached, then the mediator will write up the parents agreement. If an agreement cannot be reached, then the mediator will make a written recommendation as San Diego is a recommending county. A copy of the written recommendation will be given to both parents and the Judge. The Judge will follow the recommendations most of the time. All cases are different and parenting plans differ as well. One template parenting plan, which allows for frequent and continuing contact, bonding and also minimizes exchanges is as follows: one parent has Monday and Tuesday and the other parent has Wednesday and Thursday and Friday, Saturday and Sunday rotate. The attorneys at Doppelt and Forney, APLC can help prepare and file your motion and also discuss the mediation process in much more detail as well as what individual parenting plan would be best for you.

Facts About Rancho Bernardo

Rancho Bernardo is part of the Poway Unified School District and has a very good reputation. Many parents move to Rancho Bernardo to take advantage of the primary and secondary schools. Primary schools include Westwood, Painted Rock, Chaparral, Turtleback, Shoal Creek, Highland Ranch and Creekside. Secondary schools include Rancho Bernardo High School and Bernardo Heights Middle School. The main highway for Rancho Bernardo is the I-15. The population of Rancho Bernardo is under 100,000. Rancho Bernardo is convenient for both the Vista and main San Diego family law courts. The Law Firm of Doppelt and Forney, APLC is located in Rancho Bernardo at the Bernardo Center Drive exit off the I-15.

How Can an Experienced Local Law Firm Help?

The Law Firm of Doppelt and Forney, APLC has helped many parents and spouses. Their office offers a complimentary virtual consultation up to 30 minutes in their office with a licensed California attorney. You can discuss your individual case and obtain valuable legal advice. Feel free to schedule your appointment today.

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.