Parental disagreement, or fathering disagreement, involves parents disagreeing about who should have legal or physical custody of a child following a separation or divorce. Custody disputes can become quite heated and complicated because of the nature of family dynamics.

San Diego is a city in southern California, U.S., famous for its gorgeous weather, top-notch restaurants, and stunning landscapes. With a population of around 1.4 million. People may experience challenges due to a lack of knowledge and support related to divorce and child custody.

Handling family laws like child custody can be complex in San Diego, and having the proper legal counsel can help you navigate through that complexity. If you are involved in a child custody issue, a San Diego child custody lawyer is well-positioned to give you the advice to help walk you through the situation. 

Understanding what causes custody disputes can help the parent navigate these situations with a calmer mindset and more information. Let’s take a closer look!

Male lawyer at a desk

What are the Major Triggers for Child Custody Disputes?

Custody disputes usually arise when parents cannot agree on claims that affect the child and the child’s well-being. Some trigger points can include:

  • Disagreement about what parenting arrangements should be: Whose turn is it to have the child, or if the child is to live primarily with one parent (the living order), can lead to disputes if that order has not first been agreed upon.
  • Conflict concerning parenting time: The timing of holiday arrangements and/or the scheduling of times for parents to have their children is often a triggering factor, especially when parents have difficulty communicating.
  • Concerns with one parent’s ability to parent: When one parent has concerns about the other parent’s ability to parent, children often become a trigger point; i.e., allegations of neglect, physical abuse, or substance abuse could all trigger an argument about which person is a better guardian.
  • Changes in situation: Circumstances may change, and then the arrangement may affect parenting time, whether moving for a new job or simply accepting a new job that affects how the arrangement may impact your visitation with your children.
  • Communication challenges: Completely cut off communication when parents communicate loneliness; the more they can communicate, the likelihood of getting to a compromise; again, it’s easier to keep the disagreement ongoing.

How Does the Court Make Those Determinations?

In California, including the family courts in San Diego County, the amount of time each parent has for custody of children is based on the best interests of the child. The court will consider the child’s safety and security in the home based on both parents’ ability to be responsible for the children and the relational matters between both parents and other people in the house.

The court can order:

  • Sole custody gives that parent all decision-making authority.
  • The definition of joint custody means sharing duties, obligations, and time with children.
  • If the child custody action is pending or one parent may be investigated, the family court may order temporary child custody orders.

What Does the Data from the California Courts Tell Us?

In general, there are more joint custody arrangements, as the courts are suggesting it is crucial to keep both parents as close as possible, where appropriate and possible.

Key Takeaways

  • Custody disputes arise from disagreements about living arrangements, parenting time, or parental fitness.
  • The way in which the family courts in San Diego County make custody determinations regarding custody problems is based on the best interests of the child and family, including safety and stability.
  • Parents can have a lasting impact on their children’s emotional stability and well-being due to conflict and disagreement.
  • Accessing legal advice and mediation is likely to provide more resolution than ongoing parental disputes.
  • The use of a capable child custody lawyer to ensure the protection of parental rights, in addition to considering what is in the best interest of the child.