San Diego, California (Issuewire.com) - San Diego, CA — The fall and winter holidays often pose child custody challenges for divorced parents. Experienced divorce attorney Michael C. MacNeil offers valuable insights and practical tips for navigating child custody and visitation during the busy, emotionally charged holiday season.
Understanding Custody Challenges and Statistics
According to census data from 2021, the San Diego County divorce rate in 2021 was just under 10%, and in California, the majority of children of divorced parents lived with their mothers. Married parents automatically share custody unless a court says otherwise. Unmarried parents, however, face additional hurdles in regard to custody and visitation. Custody is granted to the unmarried mother upon birth, so if the relationship is contentious, an unmarried father cannot take the child from the mother or make decisions about visitation or holidays. The father’s rights are only established once paternity has been confirmed, meaning unmarried fathers have no decision-making power until and unless the court recognizes legal paternity.
Creating & Modifying Custody and Visitation Plans
If your relationship with the other parent is amicable, it’s important to collaborate on a plan for child custody and parenting. If you don’t get along with the other parent or need help creating a plan, the Department of Child Support Services offers worksheets and resources, and a San Diego child custody lawyer can assist you in obtaining a custody and visitation order. If you need to make a change to custody or visitation, a lawyer can also help you modify the order and present your argument to the court.
There are different types of custody and visitation orders, so it’s important to establish the boundaries and expectations for the child’s living arrangements and daily life as well as the responsibilities assigned to each parent according to the agreement.
Sharing Holiday Visitation
If you and the other parent are able to make joint decisions, there are many ways to share holiday visitation in a healthy manner. For example, you can divide or alternate holidays, make substitutions, or even follow the regular schedule you’ve arranged so that you celebrate whichever holidays fall during regular parenting time. Consider travel time and distance when establishing a visitation schedule and try to remain flexible. Plans can change due to special circumstances or situations outside of parental control.
It is important for children to experience holidays and develop traditions with each parent—provided both parents are fit to care for the child—and extended family, so an equitable plan for quality time is ideal. Cooperation between parents as well as adherence to school schedules and an effort to preserve routines are essential to providing a healthy, safe, and enjoyable experience for the child.
Work with an Experienced Attorney
Child custody and visitation should always be determined according to the child’s best interests. It’s sometimes difficult to make such decisions or create fair, objective plans without your own implicit bias or seasonal pressures, so seek the counsel of a seasoned San Diego divorce and family lawyer to help you navigate this process and create structured plans with legal support.
About Michael C. MacNeil
Michael C. MacNeil is a San Diego family law and criminal defense attorney. Having experienced divorce firsthand, he understands the complexities of the divorce process as well as the short-term and long-term legal and personal repercussions. As a member of the State Bar of California, MacNeil can practice before all courts in the state. MacNeil believes that the law should be accessible to everyone, regardless of their financial status. With over 20 years of experience, Michael C. MacNeil is passionate about the law and helping people navigate sensitive legal matters.
Sources:
https://divorce.com/blog/divorce-rate-california/
Media Contact
Law Office of Michael C MacNeil michael@1900law.com (858) 922-7098 10620 Treena Street, Ste. 230 https://www.1900law.com/
