Child Custody and Visitation Lawyer in Carlsbad, CA

Posted in Child Custody on November 29, 2024

Do you need to hire a child custody lawyer in Carlsbad, CA? Call Ratzer | Dobis at 858-793-7700 to schedule a consultation!

Many parents put their differences aside during divorce cases when deciding on child custody and visitation. Even though they’ve chosen to end their marriages, they still want what is right for their kids. However, not all couples fall into this category, so if you’re struggling to reach a consensus with your soon-to-be ex-spouse, consider hiring an experienced divorce lawyer in Carlsbad, CA, from Ratzer | Dobis to help iron out the kinks during this difficult adjustment period.

A child custody lawyer in Carlsbad from Ratzer | Dobis can help your children avoid getting caught in messy divorce proceedings. We understand the huge impact that divorces can have on children, and we strive to protect their rights and ensure their overall well-being while their parents are going through a divorce. Whether you need to work out child custody issues in court or wish to come up with a visitation schedule that is agreeable to you, your children, and their other parent, a child custody and visitation lawyer from our law firm can assist you.

At Ratzer | Dobis, we can take several approaches to child custody and visitation cases. We have a talented team of certified family law specialists who are always ready to help those planning to take these types of cases to court. Contact us at 858-793-7700 today for a free consultation.

Read through our testimonials to see what some of our past clients have said about how working with a child custody lawyer in Carlsbad from Ratzer | Dobis helped them reach amicable resolutions in their cases.

child custody lawyer in carlsbad

How To Establish Child Custody in California

When you first sit down with a child custody lawyer in Carlsbad, CA, from Ratzer | Dobis, we will begin by making sure you understand the different types of child custody that you can choose from as you work on putting together a child custody agreement with the other parent of your child or children. Here are the two main types of child custody to be aware of:

  • Legal custody: Determines which parent will make decisions about key legal issues, such as which medical procedures a child will undergo, where a child will attend school, which religion a child will practice, and more
  • Physical custody: Determines which parent a child will live with and spend all or at least the majority of their time with, under California FAM § 3040

A child custody lawyer in Carlsbad from Ratzer | Dobis can also help you better understand sole vs. joint custody. Sole custody is when just one parent retains custody of a child or children following a divorce. On the other hand, joint custody is when both parents retain custody of a child or children following a divorce.

There are, however, different ways that parents can share joint custody of children at the conclusion of their divorce proceedings. Here are a few examples of how they might plan to do it:

  • Parent 1 and Parent 2 share legal and physical custody of children
  • Parent 1 and Parent 2 share physical custody of children, but only Parent 1 maintains legal custody of them
  • Parent 1 and Parent 2 share legal custody of children, but only Parent 2 maintains physical custody of them

In some child custody cases, judges must intervene and present parents with different options while taking the best interests of the child or children involved into account. In others, parents work with their respective child custody lawyers in Carlsbad, CA, to develop parenting plans they agree to outside of court.

Either way, California courts aim to issue court orders at the end of child custody cases that put children in the position to flourish despite their parents deciding to divorce. A child custody lawyer in Carlsbad from Ratzer | Dobis can guide you through this often stressful experience and address any questions or concerns you might have along the way.

How To Create a Visitation Schedule in California

Divorcing parents must do more than just create parenting plans that establish child custody in the aftermath of the dissolution of their marriages. They’re also required to establish visitation rights by putting together visitation schedules in California.

In San Diego County, where Carlsbad is located, parents must undergo a court-ordered mediation process before they can discuss issues like visitation schedules in front of judges.

During this mediation process in San Diego County, you and the other parent of your child or children will meet with a mediator. They will seek to find out:

  • More information about your family dynamics
  • The visitation schedule you would like to use vs. the visitation schedule your former significant other prefers, if they’re different
  • Which concessions you’re each prepared to make to inch closer to agreeing on a visitation schedule

If you and your former partner can land on the same page in the end, a mediator will recommend the visitation schedule you’ve both agreed on to the judge in your case, and it will likely be approved accordingly. If, however, you’re unable to work out an agreement on a visitation schedule despite your best efforts, a mediator will need to use the information they’ve collected to recommend the right schedule based on their professional opinions and experience with past cases.

A child custody and visitation lawyer in Carlsbad, CA, from Ratzer | Dobis can prepare you for this part of the divorce process. If you aren’t ready for mediation, and it shows, a mediator might not take your suggestions seriously. This could prevent you from seeing your child or children as much as you might want to in the coming months and years.

A child custody lawyer in Carlsbad from Ratzer | Dobis can also offer assistance in child custody and visitation cases involving parents who live in different states. Outside of having an in-depth knowledge of California’s child custody laws, we’re familiar with all federal child custody laws, including the Uniform Child Custody Jurisdiction and Enforcement Act.

How To Modify Child Custody and Visitation Agreements in the Future

If you and your ex-partner choose to divorce when your child or children are already teenagers, you might be able to keep the same child custody and visitation agreements in place until they turn 18. If your children are still on the younger side when you divorce, you may need to consider modifying your child custody and/or visitation agreements in the future.

Let’s say, for example, that one custodial parent decides to relocate from California to a state on the East Coast. In this case, a child custody and visitation arrangement that calls for you and this parent to split parental responsibilities right down the middle probably won’t make sense anymore, requiring a more creative arrangement that factors in the needs and interests of all parties involved.

You’ll need to create a new parenting plan based on these circumstances. A child custody lawyer in Carlsbad, CA, from Ratzer | Dobis can help you work your way through the process of modifying previous court orders from a divorce judge.

Many other lifestyle changes could warrant changes being made to child custody and visitation agreements in Carlsbad, CA. Here are several examples:

  • One parent loses their home and can no longer provide adequate housing for their children
  • One parent accuses the other of physical, mental, or emotional abuse
  • One parent discovers the other has a substance abuse problem
  • One parent is arrested on criminal charges and ends up being sentenced to prison

In some cases, parents may attempt to rework child custody and visitation agreements outside of family court. They might even be able to adhere to new agreements without any legal intervention.

A child custody lawyer in Carlsbad from Ratzer | Dobis would never recommend creating new agreements like this, even if you and your ex-spouse are amicable and both seem to be OK with your altered arrangements. Since these agreements won’t be legally binding, you’ll technically go against the original court order that a judge put in place for your family. It could cause huge headaches down the line and lead to complications that would probably land you both back in court for further legal proceedings.

Let a child custody lawyer in Carlsbad from Ratzer | Dobis lead you down the right path when you would like to modify prior court orders in child custody and visitation cases. It will guarantee you don’t make any critical mistakes that could lead to legal troubles.

Are you interested in learning more about us and our child custody and visitation lawyers? Research our law firm before giving us a call!

If you’re currently going through the divorce process and concerned about child custody and visitation rights, a child custody lawyer in Carlsbad, CA, from Ratzer | Dobis is here to help. Provide yourself with peace of mind during this difficult time in your life by calling a family lawyer for assistance at 858-793-7700 today!