Puja Sachdev | July 5, 2024 | Child Custody
Dog Beach is San Diego’s only 24-hour beach for dogs. Dogs can run without leashes, but owners must follow applicable laws and are responsible for controlling and cleaning up after their pets.
The Original Dog Beach is a landmark in Ocean Beach. It is nationally famous as one of the first leash-free beaches for dogs. The Ocean Beach Town Council’s Dog Beach Committee adopted Dog Beach in 1972 to protect it as an asset for the community.
When you have custody of your kids, you should be able to take them to Dog Beach. However, if your parental rights are restricted, you might be unable to do so.
What Are My Rights to Travel With My Children if There Is No Custody Order?
California Family Code §3010 gives a mother and father equal custody of their children. Therefore, if the court has not issued an order regarding custody, you can travel with your child within California.
However, if you want to take your children outside of California, you need consent from your child’s other parent. There is an exception if you make a good-faith effort to obtain permission and must leave for an emergency.
How Do I Determine Whether I Can Take My Children to Dog Beach When I Have Custody of Them?
Your custody order may address traveling with your children. Read it to determine whether you must gain permission from your child’s other parent to travel or engage in certain activities. Some custody orders could restrict a parent’s rights when they have their children because of various circumstances.
If the custody order does not address travel or activities with your children, you should be able to take them to Dog Beach when you have them with you. However, if you are unsure, inform your ex that you are taking the kids to Dog Beach. If they object, discuss your parental rights with a San Diego child custody lawyer.
How Do I Gain Permission to Take My Children Out-of-State if We Live in California?
If your custody order covers traveling outside California with your children, you must follow it. Failing to comply with a custody order could result in contempt of court charges. If the order does not address traveling out-of-state with your children, you may need to petition the court for permission.
A child custody lawyer can help you file a motion with the court for permission to leave California with your children. The reason for travel and other factors could impact the court’s decision. An attorney understands the law and how judges view these cases, so it is best to work with an experienced lawyer to increase the chance of your request being granted.
How Do California Courts Decide Child Custody Issues?
Child custody is an issue in many divorce cases. However, custody matters could arise from other situations, such as paternity cases, allegations of an unfit parent, and legal separation. Parents can work together to develop a parenting plan and visitation schedule that works best for their family.
However, all California child custody matters are decided based on the best interests of the child. A judge reviews the proposed parenting plan to ensure it is in the child’s best interest. The judge can modify the custody agreement if they find that one or more terms do not support the child’s well-being.
When parents dispute custody and cannot agree on the terms of an agreement, the judge decides for them. Given the facts of the case, the judge will base the custody terms on what is best for the child. The court determines legal and physical custody.
Parents may share joint custody, or a judge may grant sole custody to one parent. Even if parents have a 50/50 custody arrangement, the child often resides primarily with one parent.
Contact Our Family Law Firm in San Diego, CA
A San Diego child custody attorney is the best source of information about custody matters. Call a lawyer if you have questions or need help with a custody case. 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
