Q: When parents divorce, is custody used as a way to “get back at” the other spouse?
A: This is a common misconception, and one that California courts firmly reject. The legal standard governing every custody decision in California is the best interests of the child, not the preferences, grievances, or perceived wrongdoings of either parent. At Primus Family Law Group, our California Certified Family Law Specialists guide clients through this reality from day one. Using custody as a weapon does not serve your children, and judges in San Diego County see through those attempts quickly.
Q: What factors do California courts actually consider when determining the best interests of a child?
A: Courts look at a wide range of factors, including the health, safety, and welfare of the child, the nature and frequency of contact each parent has maintained, any history of domestic violence or substance abuse, and the child’s ties to home, school, and community. Managing Partner Bonnie Rabinovitch-Mantel, a California Certified Family Law Specialist with over two decades of exclusive family law practice, emphasizes that judges want to see parents who actively support the child’s relationship with the other parent. Demonstrating that cooperative spirit can meaningfully strengthen your custody position.
Q: What happens when one parent tries to alienate the children from the other parent?
A: Parental alienation is taken seriously by San Diego County family courts. When one parent attempts to undermine the children’s relationship with the other parent through manipulation, false accusations, or interference with court-ordered visitation, that behavior can work against them significantly. Senior Litigation Specialist Kimberly A. Soule, also a California Certified Family Law Specialist, has extensive experience identifying and presenting evidence of parental alienation in litigation. Courts may modify custody arrangements when alienating conduct is proven, because the children’s emotional wellbeing depends on having meaningful relationships with both parents.
Q: Can focusing on punishing my spouse actually hurt my custody case?
A: Absolutely. When a parent enters custody proceedings with the goal of hurting the other parent rather than protecting the children, it often backfires. Judges and attorneys appointed as temporary judges, such as Bonnie Rabinovitch-Mantel who regularly serves as a settlement temporary judge for San Diego courts, are experienced in distinguishing genuine child-focused advocacy from conflict-driven litigation. Of Counsel Wayne J. Rice, a California Certified Family Law Specialist, advises clients that demonstrating your commitment to your children’s stability and happiness is far more persuasive than attempting to vilify the other parent.
Q: How can Primus Family Law Group help me navigate a custody dispute the right way?
A: Our team brings over 50 years of combined experience to every custody matter we handle. We represent clients throughout San Diego County from our office in Mission Valley, providing zealous advocacy focused entirely on what is right and reasonable for your children. Contact Primus Family Law Group today at 619.574.8000 or www.primusfamilylaw.com to schedule a free 30 minute telephone or zoom consultation.