Carlsbad Child Custody Lawyer

Child custody can be one of the most concerning aspects of a divorce or separation. The emotional toll of determining where your child will reside and who will make decisions about their upbringing can be overwhelming.

Additionally, you need to understand your parental rights by securing proper legal guidance. The legal team at Fischer & Van Thiel wants to represent your case in the best possible light. Our Carlsbad child custody lawyers will evaluate your case and safeguard your parental rights without compromising your child's well-being. Call us at (760) 722-7669 for more information.

Schedule a Free Case Evaluation

Why Hire a Child Custody Attorney From Fischer & Van Thiel?

When selecting a child custody lawyer in Carlsbad, you need to carefully consider your choice. Your attorney can be the difference between a successful case and a disappointing outcome. When you contact our firm, you connect with attorneys who demonstrate the following:

  • We have a strong track record in child custody cases, with successful outcomes for clients.
  • Our experience involves over 57 years of combined experience, so we believe your case is in the tried and tested hands. 
  • We are deeply familiar with San Diego County courts, including its judges and mediators, for strategic insight.
  • We boast clear, compassionate communication to keep you informed and supported throughout the case. 
  • We will develop a unique strategy that aligns with your goals, whether securing primary custody or a fair co-parenting plan.
  • We are transparent in our engagements, including having an open discussion about fees to avoid unexpected surprises.

During your 30-minute consultation, ask about our approach to custody disputes and how we will handle your specific case. Come prepared to discuss your priorities, concerns, and any special considerations, such as relocation or your child’s unique needs.

Fischer-&-Van-Thiel,-PC-Attorney-&-Paralegal-Staff

Understanding Child Custody Laws in California

North County Bar Association logo

In California, child custody involves two primary categories: physical custody and legal custody. Physical custody is about where the child resides, while legal custody gives the authority to make major decisions about the child’s life, including education, healthcare, and religious upbringing. These responsibilities can be assigned as joint custody, where both parents share them, or sole custody, where one parent takes primary control.

The cornerstone of California custody law is the best interest of the child standard. According to California Family Code § 3020, courts evaluate several factors to determine what arrangement best supports the child’s interests, such as:

  • The child’s age, health, and emotional bonds with each parent
  • Each parent’s capacity to provide a stable, loving environment
  • Any history of family violence or substance abuse
  • The child’s ties to their school, community, and extended family
  • The child’s preferences so long as they can properly express them

In Carlsbad, part of San Diego County, custody disputes are processed through the Family Court division of the Superior Court. California law mandates that parents attempt mediation before proceeding to trial. During the Family Court Services (FCS) mediation, a court-appointed professional assists parents in crafting a custody and visitation plan.

If no agreement is reached, the case moves to a hearing, where a judge makes the final ruling. Courts tend to adopt arrangements that allow both parents frequent connections with the child unless such contact jeopardizes the child's well-being.

The Role of a Child Custody Lawyer From Fischer & Van Thiel 

BBB Rating Badge

Our child custody lawyers have been key in assisting parents to resolve disputes over custody, support, and visitation rights during times like divorce. Fischer & Van Thiel is home to attorneys with a major focus on these matters. We ensure that we offer professional guidance through the legal process to safeguard the best interests of children and their clients. When you reach out to us, we will offer the following services:

  • Explaining your rights and options under California family law, such as pursuing joint custody or specific visitation schedules
  • Negotiating agreements with the other parent to potentially avoid courtroom battles
  • Representing you in court and mediation, armed with compelling evidence and arguments
  • Ensuring all legal paperwork like petitions and financial disclosures is accurately completed and submitted
  • Advocating for modifications to existing custody orders when circumstances shift, such as a parent’s relocation
  • Collaborating with experts such as child psychologists to bolster your case with professional insights

In emotionally charged or legally intensive cases, an attorney can determine the outcome of your child custody case. Most importantly, we can provide clarity and advocacy so that you know what you can expect with the case.

A Carlsbad Child Custody Lawyer Can Help

Child custody disputes are both emotionally taxing and legally involved. A compassionate Carlsbad child custody lawyer can ease this burden by offering the guidance and advocacy you need. A Carlsbad family law attorney from our firm can ensure you know your rights and pursue a custody arrangement that prioritizes your child's well-being and safeguards your parental role.

Call us today to schedule a free case evaluation.

Child Custody FAQs

How Can I Improve My Chances of Securing Primary Custody?

Firstly, you have to demonstrate your ability to provide a stable, nurturing home. Be sure to stay involved in your child’s life—attend school events, manage routines, and document your efforts. Additionally, avoid negative interactions with the other parent, as these can harm your case in court.

What if the Other Parent Violates the Custody Order?

If you think the other parent is violating the custody order, record the violations, noting dates, times, and details. Consult your lawyer about filing a motion to enforce or modify the order. Courts can penalize non-compliance with remedies like extra visitation time or custody adjustments.

How Does Custody Impact Child Support?

In California, child support revolves around each parent's income, time spent with the child, and additional costs like healthcare. The parent with less time usually pays support. Make sure you contact your lawyer to help ensure calculations are fair and that they reflect your situation.

Can I Change a Custody Order?

Yes, if there's a significant change, such as relocation, remarriage, or new child needs, you can request a modification. However, the court will reassess based on the child's best interests. It is best to work with a child custody attorney in Carlsbad to manage the request and ensure a high chance of success.

What About Relocating With My Child?

Relocation cases require either the other parent's consent or court approval. Factors like the move’s purpose, distance, and impact on the child’s parental relationships are weighed. These requests need to be carefully planned and presented to the court. Work with a custody attorney at Fischer & Van Thiel if you find yourself wanting to relocate with a child.