To modify child custody in San Diego, choose a family lawyer with in-depth knowledge in custody law. During the formal legal process, an attorney can assist with appeals, mediation, and court appointments. Child custody law in San Diego is a complex and dynamic field. It is essential to partner with an experienced legal professional who can guide the process. Read more about Child Custody Resources or book a free consultation with our team to discuss your case.
Modifying Child Custody & Appeals
In San Diego County, every child custody case begins with a mandatory mediation at Family Court Services roughly 6-8 weeks prior to the court hearing. Child custody requests may also be included in initial divorce petitions. During the mediation, a counselor will hear from both parties. Following mediation, you may receive an initial recommendation on custody and visitation. The mediator will prepare and file this recommendation before the official court hearing. In San Diego, the court will often require continued contact with both parents, however, legal custody may be granted to one or both parents. After the initial ruling, one or both parenting parties may wish to modify child custody through an appeal or mediation due to:
- Relocation of one or both parties
- Changes in one or both party’s ability to care for the child
- Changes to employment and/or income
- Legal and/or criminal status of either parenting party
- Other unique circumstances
The details of the appeal vary by case. One party may wish to change the type of custody granted or request to modify the terms of the child custody agreement. Modifying child custody is a complex and involved legal process, so book a consultation with our team to learn how we can support you.
Child Custody Formats
In the State of California, there are several types of child custody. In San Diego County, your family law attorney will generally provide support with one of the below child custody formats:
Physical Custody: Physical custody defines the child’s primary residence with one of the parenting parties. In cases where the child primarily lives with one parent, they are deemed the “custodial parent”. Some families choose joint physical custody, where the child spends equal or significant amounts of time with each parenting party.
Legal Custody: Legal custody grants decision-making rights about the child, including schooling, religion, and medical care. Some parties opt for sole or joint legal custody, depending on their case.
Sole Custody and Joint Custody: In some cases, sole physical and/or legal custody is granted to one parenting party. Especially in the cases of abuse, criminal activity, or drug and alcohol issues, sole custody may be deemed appropriate for the well-being of the child. Over time, you may modify child custody rulings appropriate to the family situation. In San Diego, joint custody is often preserved when both parties are able to provide care for the child. Read more about child custody in situations involving domestic violence.
Factors to Consider When Modifying Child Custody
To modify an initial child custody ruling in San Diego, you may need guidance on associated matters. As a holistic family law practice, Yvonne Rizzo and her team provide legal assistance with related issues, including:
- Child Support
- Spousal Support & Alimony
- Divorce & Legal Separation
- Domestic Violence and Disputes
- Divorce and Custody for Military Families
- Division of Property
If you have questions about your child custody case in light of these issues, schedule a consultation with our team.
Modifying Child Custody When Relocating
When one or both parenting parties decide to relocate, it may be necessary to modify child custody arrangements. Unfortunately, these situations often present complex challenges and legal guidance may be required. Each party may be required to move as a result of employment, family obligations, or financial need. Whatever the case, an attorney will help determine whether the moving party has a presumptive right to relocate. The other party may argue that moving would not support the well-being of the child. In the case that joint custody has been established, your attorney will help negotiate parenting obligations. Before your formal court arrangement, your attorney will help you plan and file the request for order (RFO). Next, the court will schedule mediation and hearing dates.
Child Custody Modifications for Military Families
Frequent moves, unplanned deployments, and time domiciled in San Diego can all affect the way your child custody cases are handled for military families. It is important to choose a family law attorney that understands how San Diego County codes may apply to these cases. Yvonne Rizzo Esq has supported many military and veteran families and can provide guidance in these unique situations.
Modifying Child Custody and Child Support
In addition to the ruling on custody, the San Diego court may also make recommendations on financial child support agreements. Child support is based on the income of both parenting parties as well as the estimated time share of the child. Overtime, you may require modifications to an earlier child support ruling.
About Yvonne Rizzo
Yvonne Rizzo Esq is an experienced child custody lawyer based in San Diego, California. With years of experience working as the Deputy City Attorney in the Domestic Violence Unit for San Diego County, as well as a civil litigator in Los Angeles County, Yyonne is well-equipped to handle any family law matter. Yvonne and her team understand that child custody law is one of the most complex and challenging areas of family law and work hard to simplify the process. As a child custody lawyer, Yvonne can provide support with negotiation, mediation, attending hearings, representation, and appeals. Yvonne Rizzo’s qualifications include:
- State Bar of California
- United States District Court for the Central District of California
- United States District Court for the Southern District of California
- United States District Court for the Northern District of California
- United States District Court for the Eastern District of California
- State Bar of New York
To discuss your case, book a consultation with our team, or visit our blog for additional resources on Divorce, Spousal Support, or General Family Law.
