Understanding Child Custody Laws in California

Child custody battles are difficult and can become a physical, emotional, and financial strain on families. Whether you’re a mother fighting for custody or a grandparent trying to uphold your rights to your grandchild, it’s essential that you understand California’s child custody laws and how they are enforced. If you’re involved in any kind of child custody case, a San Diego family lawyer can be a vital asset throughout your legal proceedings.

What Are the “Best Interests” of a Child?

California’s custody laws require judges to consider a child’s “best interests” at all times. This is to ensure that decisions are not made solely based on what parents want. To determine whether a decision is in a child’s best interests, a judge will have to assess a myriad of factors, such as the child’s age, health, ties to their community, relationships with each parent, and more. Any history of child abuse or neglect will also be taken into consideration, as it can threaten a child’s safety.

It should also be noted that there are some factors that judges are prohibited from considering under California law. These factors include race, sex, gender, religion, age, and sexual orientation. Any of these factors are considered irrelevant to an individual’s ability to adequately parent and provide for their child. If a judge attempts to consider these elements, they may face criminal penalties.

How Do Parenting Plans Work in California?

A parenting plan, also known as a custody and visitation agreement, defines the terms of how parents will share the respective responsibilities of raising their children. The plan will include terms regarding both physical and legal custody.

Physical custody gives one or both parents the right to have their child live with them. If a parent is awarded physical custody, they are responsible for providing basic needs, such as food and shelter, for their child. In some cases, physical custody is only awarded to one parent, who is known as the sole custodian. If a parenting plan allows for joint physical custody, both parents are allowed to let their children stay with them and should create a schedule to avoid any issues.

Legal custody gives a parent the authority to make important decisions for their child.

These decisions can include medical care, schooling choices, and any important decisions regarding a child’s welfare. Like physical custody, legal custody can be awarded to one or both parents. If a parent has sole legal custody, they have the sole right to make decisions for their child. If shared, both parents can make decisions and should consult each other when doing so.

FAQs

Q: Who Has Custody of a Child If There Is No Court Order in California?

A: According to California law, if there is no court order, then both parents have equal custody rights. Even if parents separate, one parent does not legally have more rights to their child than the other unless they have a court order stating so. Because of this, it would be unlawful for one parent to withhold their child from the other parent if they do not have a court order. This is the case for married parents.

Q: What Rights Does a Father Have in California?

A: Under California law, fathers and mothers share equal rights to aspects such as child custody and child support. Fathers should never assume that a mother will automatically be awarded primary custody. This is because the court will always be considering a child’s best interests. For example, if the court sees that a father and a child share a much stronger bond than the mother and child, the court may award him sole custody.

Q: How Long Does a Custody Case Take in California?

A: The length of a custody case often depends on whether both parties can compromise on the terms of their custody agreement. In most cases, if both parties agree to the custody agreement, then the process can be completed in a few months. However, it is not uncommon for custody cases to be full of disagreements, negotiations, and court hearings. This often makes cases more difficult to resolve. Generally, child custody cases can take several months to several years.

Q: How Is Child Custody Determined in California?

A: To determine child custody in California, the number one deciding factor is the best interest of the child. The age and health of the child will be considered, as well as the emotional ties the child has to the parents, school, or community. The judge often wants to place the child in an optimal environment. Whichever parent can prove that they can provide that to the child will often be awarded custody.

Q: Can You Change a Custody Agreement in California?

A: A child custody agreement can be modified in the state of California if both parents agree. However, it should be noted that just because a custody agreement modification is submitted does not mean that a judge will accept it. Again, the modification to the custody agreement has to serve the child’s best interest, and the judge will review the proposed modifications to see how they affect the child.

Reliable California Family Lawyers

Whether you’re going through a contentious custody battle or you’re about to file for divorce and know issues will arise, the assistance of an experienced family law attorney is an essential asset. An adept lawyer can not only help you better understand your case, but they can also advocate for you and your child’s interests throughout proceedings. While there are a variety of factors that come into play during a custody case, you can trust Bickford Blado & Botros to help.

The legal team at Bickford Blado & Botros can represent and support you as you fight for child custody in California. Our attorneys have helped countless individuals navigate the complexity of a child custody case. Our team can assist with paperwork and court hearings, as well as provide legal advice whenever needed. Contact our dedicated lawyers to get the advice and service you need to protect your child.

 

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