Advocating For You In High-Conflict Custody Disputes
When parents separate, their top priority should always be the physical and emotional health of their children. At Leigh K. Galyon, APC, in San Diego, our firm has helped families maintain strong bonds even after the most bitter of breakups. Attorney Leigh K. Galyon is an experienced child custody advocate who has an intimate understanding of the laws regarding legal custody, physical custody and visitation. She has been appointed as a minor’s counsel in family law cases to protect the interests of children requiring legal assistance.
Our firm deliberately takes on the most complex custody disputes, because we are confident and passionate about protecting your parent-child relationship. We serve as analytical advocates and take our role as your counselor very seriously – for parents and children.
In many cases, courts favor joint parental custody, but if this presents a risk to the child, it is possible to pursue sole custody. Our firm can help you build a strong case for your custody goals and also guide you through special situations like those involving grandparents seeking visitation rights or where conflicts over religion or other serious concerns seem intractable. We will work tirelessly to preserve your child’s well-being and your parental bond.
High-Conflict Custody Proceedings
California courts make decisions on legal custody, physical custody and visitation based on what is in the child’s best interests.
According to Cal. Fam. Code § 3011, such best interest factors might include:
- The child’s health, safety and welfare
- Whether either parent has a history of abuse against the child or the other parent
- The nature and amount of contact with both parents
- Either parent’s history of illegal use of controlled substances, alcohol or prescribed medications
Naturally, custody negotiations can become high-conflict situations when parents sharply disagree with one another and are uncooperative.
Our firm offers strong support in all types of custody cases and can provide effective guidance on:
High-conflict custody negotiations: When children are in the middle of a bitter divorce, it is essential to retain an attorney who can resolve these disputes promptly and successfully. Our firm has an extensive track record of bridging the gap between feuding parents and delivering positive outcomes.
Relocation and modification: In our modern mobile society, there are often compelling reasons for a divorced parent to move or otherwise modify custody arrangements, such as a job change or an ailing parent. Whether you’re seeking to modify an existing custody order or strongly oppose one, we’ll protect your rights and keep the focus on your children.
Mediation: Children are best served when parents maintain a cordial relationship. Through the structured process of mediation, we enable parents to set aside enmity and agree on key points concerning their children.
Why Work With An Attorney Experienced In Conflict Resolution?
Conflict between parents can have lasting emotional impacts on the children. This can manifest into problems they face in school, in their extracurricular activities and as they process their own emotions and relationships with their community.
As a result, it is best to work with an experienced custody lawyer who knows how to efficiently handle high conflict disputes to minimize as much of the disagreement as possible. With over 25 years of experience, we will use our analytical and straightforward legal skills to settle your custody issue as quickly and favorably as possible.
Guiding You Through Custody and Visitation Rulings
Judges can examine all types of information when deciding custody and visitation. Whether these issues are being resolved inside or outside the courtroom, our firm will take the time to consider factors that are frequently used in these determinations, such as the child’s age and health, whether substance abuse or violence exists in the home, and parenting ability.
From there, we will create a thorough strategy to establish the optimal environment for your child and help avoid any unnecessary conflict. We understand that every child is unique. We do not work with the same blueprint for every case. Instead, we provide individualized counsel throughout the custody process to craft a personalized case that addresses your and your child’s unique needs.
Frequently Asked Questions
Navigating the complexities of high-conflict custody disputes can be challenging, so we have compiled answers to some of the most common questions our clients ask.
What happens during mandatory mediation for high-conflict child custody disputes in San Diego County?
Both parents must attend Child Custody Recommending Counseling (CCRC) through Family Court Services before a judge hears a contested custody case. A neutral counselor, not a judge, runs the session. San Diego Superior Court is a recommending county: if the parents reach no agreement, the counselor sends a written recommendation to the Family Law judge, who gives it significant weight when issuing legal and physical custody orders.
The counselor looks at each parent’s capacity to provide stability and co-parent, along with the child’s ties to school and community. Under California Family Code § 3181, a parent who has experienced domestic violence may request separate sessions and staggered arrival times.
How do you file an emergency ex parte child custody request in San Diego?
A parent files an emergency ex parte custody request by submitting a Request for Order with a declaration showing immediate danger to the child. The standard is high on purpose. Ordinary disagreements over schedules or communication stay on the regular calendar. Three requirements matter most:
- Filing location: File the paperwork with the branch handling the case, such as the Central Division on Union Street or the North County Division in Vista.
- Notice by 10:00 a.m.: California Rules of Court, Rule 5.165 requires you to notify the other parent by 10:00 a.m. on the court day before the hearing.
- Specific facts: Under California Family Code § 3064, the declaration must describe a threat of immediate harm to the child.
The Family Law Division judge may issue temporary custody or supervised visitation orders that hold until a fully noticed hearing takes place.
What is a California family code § 3111 child custody evaluation in a high-conflict case?
A Family Code § 3111 evaluation is a court-ordered investigation in which a mental health professional examines both households and reports findings to the judge.
It is not a single interview. The evaluator meets with each parent, observes parent-child interaction, may conduct psychological testing and may gather school records, medical records, police reports or interviews with teachers and therapists. The confidential report recommends legal custody, physical custody and a parenting schedule.
Courts order these evaluations most often in cases involving alleged parental alienation, substance use or domestic violence, and they usually allocate the cost between the parents.
Let Us Fight For Your Family
Schedule an initial consultation online or at 619-573-6125 to speak with our team at Leigh K. Galyon, APC.