Legal Strategies for High Net-Worth Individuals in Child Custody Disputes

Are You Fighting for Your Child’s Custody?

In Southern California, if you are a high net-worth individual who is fighting for the custody of your child or children, you may encounter some unique legal challenges, so you must be represented and advised by a skilled and experienced San Diego child custody attorney.

One fundamental principle of family law in this state is that – in most circumstances and for most families – consistent and regular interactions with both parents are presumed to be appropriate and beneficial for most children.

In a divorce that involves a child or in a post-divorce custody, visitation, or child support dispute, a California court’s top priority is the child’s best interests. If you are a high net-worth individual, what effect will your financial status have on the court’s child custody decision?

What is “Child Custody” Under California Law?

Under California law, there is a distinction between “legal” child custody and “physical” child custody. Legal custody gives a parent the responsibility and right to make decisions on a child’s behalf. Parents with legal joint custody share the decision-making responsibilities and rights.

A parent who has been awarded sole legal custody is the only parent who can make decisions regarding a child’s education, healthcare, and the child’s well-being. On the other hand, the parent with whom the child routinely lives is the parent who has “physical” custody.

A parent may have either “joint” physical custody or “primary” physical custody. In most cases, when a parent has primary physical custody, the child resides most of the time with that parent and visits the other parent based on a court-approved visitation schedule.

What is Considered in Child Custody Cases?

A number of elements are considered by a California court in every child custody case. A child’s age, health, and ties to loved ones, school, and community are taken into account, along with any history of neglect or abuse.

Most custody cases focus on establishing a parenting plan. If the parents can agree upon a plan that’s in the child’s best interests, the court will approve that plan. If the parents cannot agree, the court will impose a plan. California encourages parents to create a parenting plan that includes:

1. clear language so that the meaning and intention of the plan is not in dispute
2. giving children overnight stays, holidays, and vacations with each parent
3. providing for a child’s needs and establishing a sense of stability and security

The court will also impose a visitation plan if the parents cannot agree about visitations. Over time, as significant changes take place in the lives of parents and children, either parent may – with the help of a San Diego child custody lawyer – ask the court to modify the custody order.

What Legal Obstacles Can High Net-Worth Parents Expect to Face?

High net-worth parents who become involved in child custody battles must consider that, when one parent in a custody case has significantly more resources than the other parent, the courts must guarantee that the disparity does not give the high net-worth parent an unjust advantage.

Another consideration is the division of assets. Parents can set up a trust in advance to protect their children’s assets from legal conflicts or disputes. If one parent has an inheritance, multiple properties, or other complicated financial arrangements, parents should take this step now.

Additionally, in order to protect high net-worth parents from conflicts of interest, the courts in California sometimes designate an independent consultant or advisor to assess each parent’s financial situation and to develop an appropriate child custody plan.

What Happens During Mediation?

Before a custody dispute is heard by a judge, California law requires a mediation process that gives parents a chance to cooperate and resolve the issues in dispute. Mediation is confidential. It is conducted by trained court mediators who help the parents focus on the needs of the children.

The court mediator encourages the parents to cooperate and compromise for the sake of the children. The goal is to help the parents discuss and prepare a parenting plan that reflects the needs of their children and facilitates their children’s best interests.

Court mediators are not attorneys and do not provide legal advice. Before the mediation process begins, you should be advised by a San Diego child custody attorney. If mediation fails to resolve your child custody dispute, your attorney will represent you in court.

What Does it Take to Prevail in a Child Custody Dispute?

In a divorce with children or a subsequent child custody dispute, your San Diego child custody lawyer will guide you through each stage of the legal process and will advocate aggressively on behalf of you and your child. Contacting that lawyer as early as possible is the first step.

Understanding the legal process, knowing what the court takes into account, and adhering to your attorney’s advice are the best ways for a high net-worth parent to prepare for a child custody battle. If you anticipate that you will be fighting for your child’s custody:

1. Get reliable legal advice and guidance now.
2. Actively maintain your relationship with the child and your involvement in the child’s life. Spend as much time as you can with your child so that your place in your child’s life is obvious to the court.

We Are Award-Winning Child Custody Attorneys

If you’re involved in a child custody dispute in Southern California – or if you believe that you will be soon – schedule a free legal consultation promptly with the family law team at Khosroabadi & Hill. We serve clients in San Diego, Riverside, Orange, and Imperial counties.

Attorneys Sara F. Khosroabadi and Amanda J. Hill help parents with custody and decision-making rights, visitation privileges, emergency issues, and the modification and enforcement of court orders regarding child custody.

If you are concerned about the custody of your child in Southern California, contact Khosroabadi & Hill at once by calling 858-240-2093. One of our lawyers will take the appropriate legal steps, and we’ll help you and your child or children move constructively and positively into the future.