Attending a San Diego Padres baseball game is a great family outing. The Padres play at Petco Park, an iconic stadium, and the weather is beautiful season-long. Generally, a parent can take their children to a San Diego Padres baseball game without thinking whether they have permission. 

However, what happens when the parents are no longer a couple? Can a parent take their child to Petco Park to see the San Diego Padres play baseball on days they have custody?

Your Rights Regarding the Custody of Your Children

California Family Code §3010 states that a mother and father are equally entitled to custody of their child. Parents in California have full custody rights until a court order states otherwise. 

Therefore, if you do not have a custody order in place, you should be able to take your children to a baseball game without permission from your ex-partner.

What Happens When I Have a Custody Order for My Children?

If you have a custody order in place, the order may restrict travel or activities with your children. You must read your entire child custody order to understand your rights. If you fail to comply with any terms in the custody order, your ex can file a motion with the court to hold you in contempt.

You should be able to take your children to see a San Diego Padres game if the order does not restrict this activity or going to Petco Park. If you are unsure, talk with a San Diego child custody attorney.

In some situations, it can be helpful to keep your ex informed about your plans on days when you have custody of your children. It ensures clear communication and gives your ex an opportunity to object. If they consistently tell you that you cannot take your children to do something, talk with a lawyer about modifying the custody order to define your rights if necessary.

How Do California Judges Decide Child Custody Cases?

Courts do not have a preference when deciding California child custody cases. They recognize that a child has the right to continued and frequent contact with their parents. Therefore, the courts encourage parents to share custody and develop a parenting plan that allows the child as much access to both parents as possible.

Joint or shared 50/50 custody is preferable in most cases. However, the court can grant one parent sole legal and physical custody if there are grounds. Grounds for granting sole custody include abandonment, abuse, neglect parental alienation, and a parent being unfit to have custody.

If parents cannot work out a custody arrangement, the court decides custody based on the best interests of the children. The court determines what would be in a child’s best interest by considering numerous factors, such as:

  • A parent’s willingness and ability to care and provide for the child
  • The child’s reasonable preferences regarding custody
  • A child’s specific needs
  • The child’s ties to their school, home, extended family, and community
  • Allegations of abuse, domestic violence, neglect, and substance abuse
  • The stability of a child’s current home and the need to provide continuity for the child
  • A parent’s willingness to foster and facilitate a close relationship between the child and the other parent
  • Other people who may live in the home

Judges may consider other factors they deem relevant to determining a custody arrangement that is in the child’s best interest. However, judges may not consider certain factors when deciding custody. Those factors include a parent’s sexual orientation, comparative income, physical disabilities, race, religious affiliations, or gender.

Can I Modify a Child Custody Order in San Diego, CA?

Depending on a child’s age, a custody order may be in place for over a decade. The law recognizes there may be a need to modify custody orders. As a result, you can petition the court for a judgment modification if your circumstances change.

However, you must prove that the change in circumstances is substantial and was not anticipated when the original custody order was signed. Also, the proposed modification must be in the child’s best interest.

If you have questions about child custody or your parental rights to travel with your child, schedule a free consultation with an experienced family lawyer.

Contact Our Family Law Firm in San Diego, CA

Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.

San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108