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San Diego Child Custody Lawyer

Attorney Burkett deals with child custody disputes on a regular basis. He has helped a vast number of clients get the custody they need. Child custody issues can be stressful not just for the client, but for their children as well. The support and experience Attorney Burkett provides aids the process along smoothly. When your children are on the line, representing yourself can pose a risk to your rights to your children. With Attorney Burkett, the steps to securing the custody you need are clear, eliminating the issues that can arise when you represent yourself. Attorney Burkett handles child custody cases in all of San Diego County, which include the Central Courthouse, South County Chula Vista Courthouse, East County El Cajon Courthouse, and North County Vista Courthouse.

Physical Custody

There are two different types of child custody: physical custody and legal custody. Physical custody refers to the right and responsibility of a parent to have the child physically reside with them. There are two different types of physical custody, called primary physical custody and joint physical custody.

Primary Physical Custody

Primary physical custody means one parent has primary custody of the children and the children primarily reside with that parent. When primary physical custody is granted, one parent becomes the primary residential custodian, and the child lives predominantly with them. The noncustodial parent may be granted visitation rights or designated parenting time, but the custodial parent assumes responsibility for the child’s everyday needs, including routine activities, meals, and bedtime.

Joint Physical Custody

On the other hand, joint physical custody is when the children are in the custody of both parents pretty much on an equal time-sharing basis. Joint physical custody entails both parents sharing substantial and equal time with the child. The child divides their time between the residences of both parents, and the parents collaborate to create a schedule that ensures a fair and equitable division of time. This arrangement aims to maintain frequent and continuous contact between the child and both parents. In both cases, an attorney can help create a parenting plan that provides both sides with a fair schedule that both parties and the children can benefit from. Physical custody, then, is an important aspect of child custody cases.

Legal custody is the other part of child custody cases. This custody refers to the right and authority of a parent to make important decisions regarding a child’s upbringing and well-being. This aspect of custody does not involve the physical residence of the child but focuses on the ability to participate in key decisions that significantly impact the child’s life. This includes decisions such as the child’s school decisions, healthcare, and religion.

Like physical custody, there are two types of legal custody: joint legal and sole legal. Sole legal custody is when one parent has the exclusive right to make decisions on behalf of the child. This includes choices related to healthcare, school decisions, religion, and other major aspects of the child’s life. The noncustodial parent may still have visitation rights, but they do not have a say in important decision-making, but often there is a requirement that the parent with sole legal custody has to keep the other parent informed of the decisions regarding the child.

The more common type of legal custody is joint legal custody. Joint legal custody is when both parents share the right equally to make important decisions for the child. Neither parent can make such decisions without the knowledge and consent of the other parent. Both parents are expected to collaborate and communicate effectively regarding matters such as the child’s education, medical care, and religious upbringing. Joint legal custody aims to ensure that both parents have a place in making decisions that they believe are in the best interest of their children. With such important rights on the line, it is important to have an attorney who can help protect them.

Some attorneys make matters worse by pushing both sides to fight each other on custody issues, which raises the legal fees their clients must pay. Attorney Burkett’s experience with child custody cases makes him knowledgeable on how to solve these issues to help his clients get the custody they need without driving up their legal fees. In this way, clients can feel comfortable securing the rights to their children. See our client reviews to hear more about Attorney Burkett’s satisfied clients.

For more information on your specific case, please contact us to set up a free consultation by using the contact sheet on our home page or calling our office at (619) 250-2683.


The Law Office of Brian Burkett is conveniently and centrally located in the Mission Valley area of San Diego, right off of the 163 and 8 freeways. Easy access and plenty of free parking. Convenient hours. Our office handles Family Law, Divorce, and Child Custody cases at all of the San Diego County Courthouses: Downtown, Vista, El Cajon, and Chula Vista.

San Diego, CA Office
591 Camino De La Reina

San Diego, CA 92108

Client Reviews

I know and have worked with Brian on a professional level for some time now. I can honestly say that he really cares about his clients. He is a genuine and honest...


Brian helped me in a child support case and also to attain guardianship of my grandson. In both cases, he was honest, persistent, and handled everything in a caring and...


I couldn’t have been happier with the service and price of Mr. Burkett. I would recommend him in a heartbeat.


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