In California, either parent can have custody of the children or parents can share custody. The judge makes the final decision about custody and visitation, but will generally approve the agreement (the parenting plan) that both parents agree to. Sole physical custody occurs when one of the parents retains the exclusive and principal right to have the child live with him or her. Sole legal custody occurs when one parent has the exclusive right to control the upbringing of the child.
The most common type of exclusive custody ordered by the Court in California is sole physical custody with joint legal custody and a generous visitation program for the non-custodial parent. When one parent ends primary responsibility for the couple's children, the other parent, known as a non-custodial parent, generally has the right to maintain contact with the children through reasonable and continuous visitation. California Family Code Section 3002 defines joint custody as joint physical custody and joint legal custody. Under the joint custody agreement, you and the other parent have an equal right to make important decisions regarding your child's health, education, and well-being.
In addition, your child will reside with you and the other parent, but time may not be divided equally. This is because it is very difficult to divide time exactly evenly when there are commitments, such as school and work. A change of child custody that often stirs up ill feelings is a move out of the area by a parent with custody or joint custody. This can result in a contested court hearing, especially if one parent believes the other parent is moving to interfere with custody or visitation.
To stop an out-of-area move in California, the other parent must be able to show evidence that the move is not in the child's best interest. These tests could include evidence that the other parent is moving to deny visitation or custody. It may also include that the move will negatively impact the child, schooling, the relationship with family members, or take him away from a loving and stable environment. If the other parent does not object to the move, but both parents want to change the custody plan, the parent who is moving must request a change from the court.
Explain how the whole child preference issue works under California's most recent child custody law. Similarly, a parent's medical or mental health records can become a contentious topic in a child custody case. This is a critical law that states that a child has the right to speak in court in certain circumstances and authorizes courts to hear a child directly in certain situations. You can request an order to modify the legal custody of the children, removing legal custody from the other parent.
Wallin & Klarich's expert child custody lawyers have the knowledge and experience you need to achieve the best outcome in your case. California child custody laws give discretion to the Family Court and, of course, issues such as the child's maturity, parental influence, conditioning, and alienation play a role in whether the court will listen to the child's preferences and act accordingly. In custody cases involving domestic violence where the court has issued a restraining order, California child custody laws give the victim the right to bring a support person with them to the mediation session. To tell you the truth, not all California laws that deal with child custody appear regularly in family court.
If a court finds, based on the investigation described in Section 3027 or other evidence presented to it, that an allegation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it was false at the time it was made, the court may impose reasonable monetary sanctions. Each parent cares for the child in accordance with the best interests of the child during that parent's visitation time. If you are in a custody battle for your child, you need an experienced child custody lawyer to guide you through the legal process. When a child wants his or her preference heard, the court appoints the child's lawyer to present the child's wishes to the family law judge.
The judge will grant a child custody order based on whether living with you, the other parent, or both would be harmful to your child. A parent with a history of domestic violence or child abuse will face an uphill battle to seek joint legal and physical custody. California child custody laws are designed to provide both parents with frequent and regular contact with their children when it is in the best interests of the children. .
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