San Diego Child Custody Attorney
In the State of California, courts encourage parents to share in the raising of their children by stipulating one parent as having primary child custody and the other secondary custody. It is important that parents cover all aspects of child rearing when working out child custody matters. Child custody agreements should always include details about what the primary residence of the children will be and how decisions will be made regarding the education, health, and welfare of the child(ren). Additionally, the child custody agreement should address visitation and any conditions that may apply to visitation. It is important to keep in mind when facing child custody issues that the interests and the well-being of the child(ren) should always come first.
Child Custody and Your Child's Custodial Preference
Custody of children is determined by courts always on the basis of what is in the "best interests" of the children. In some instances, as part of this determination, courts will take into consideration a child's custodial preference. According to California's Family Code §3042(a) "If a child is of sufficient age and capacity to reason so as to form an intelligent preference regarding custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody".
Whether or not a child meets the requirement of "sufficient age and capacity" is determined on a case by case basis. The age of the child is not the only determining factor. For instance, a fifteen- or even a sixteen-year old child may not be mature enough to make such a decision, whereas a ten year old might be. Typically, however, the older the child is, the more weight the child's preference is likely to have.
Get the Help You Need from a Leading San Diego Child Custody Attorney
At the San Diego child custody attorney office of Sharman L. Brooks we fight aggressively for the rights of our clients and their children. We have learned that child custody matters are not always clear-cut and often impose great emotional strain on both the parents and the child(ren). It is, therefore, the mission of our San Diego Child custody attorney office to offer our clients the most insightful information as possible in a compassionate manner.
Child custody cases are quite complex. Where the child currently resides, the accessibility to other family members, friends, and school are all important issues that will need to be addressed. As a leading San Diego child custody lawyer, Sharman L. Brooks will listen to all of your concerns and help you formulate a plan to insure that the well-being of your child(ren) is protected. If you are involved in a child custody dispute, please contact San Diego child custody lawyer Sharman L. Brooks for your free initial consultation.
Contact us about your legal matter today!