Will a Judge in a San Diego Divorce Ever Consider Separating the Kids?

Will a Judge in a San Diego Divorce Ever Consider Separating the Kids?

Pierre Domercq Child Custody and Visitation

Will a Judge in a San Diego divorce ever consider separating the kids instead of keeping them together as they change households?  What happens in the case of a blended family with kids that are “yours, mine and ours?”

Child custody and parenting time decisions can be some of the most complex and contentious issues you will face in a divorce.  The good news is our Family Court Judges recognize each situation has unique circumstances and there is flexibility to work with your former spouse to develop a parenting plan which will fit the unique needs and rhythms of your child(ren)’s schedule.

In the case of a blended family of children the kids are usually separated and each will live with their biological parent unless specific issues dictate otherwise.

The Court’s primary concern in child custody and parenting time is always the best interests of the child. There are times when it may be in the best interests of the child(ren) to split up the children of divorcing parents.  Perhaps one child might do better living the majority of time with the father and the other would do better with the mother.

In special needs circumstances it is often the case that the family home has required substantial modifications to accommodate the needs of the child.  In these cases it may not be financially viable to add these accommodations to two separate households after the divorce.  It might also not be in the best interest of a child with special needs to move between the two households.

If the Judge determines your child is mature enough to speak for themselves the views of the child will often be implemented as part of the Judge’s orders.  As children age they go through the inevitable phases of coming of age and there may be a conflict which has developed.  It may simply be the wish of a teen to live with one of the two parents.  In these cases the older child may generally remain in one household and visit the other parent on a schedule while younger children move between households for parenting time.

This is why it is important to seek the advice and counsel of the experienced Certified Family Law Specialists at Burke & Domercq. Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.