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Child Custody
In California, the law governing child custody is found in the Family Code. The most important question that California courts consider when making a ruling on child custody is this: “what is in the best interests of the child?” The law favors joint custody and parenting time for both parents unless there is a reason why it would not be in the best interests of the child. The court will consider a variety of factors when making a determination about child custody, including the wishes of the parents and the child, the child’s relationship with each parent, and the health and safety of the child. If the parents cannot agree on custody, the court will make a determination based on what it believes is in the best interests of the child.
FAQs About Child Custody in California
1. What Is the Legal Definition of Child Custody in California?
Child custody is defined as the legal relationship between a parent and child with regard to decision-making and physical possession. In California, there are two types of child custody: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to who will make decisions on behalf of the child.
2. How Is Child Custody Determined in California?
The court will always consider what is in the best interests of the child when making a decision on child custody. The law favors joint custody and parenting time for both parents unless there is a reason why it would not be in the best interests of the child.
3. What Are the Factors That the Court will Consider When Making a Decision on Child Custody?
There are many factors that the court may consider when making a decision on child custody, but some of the most important ones include:
– The age and health of the child.
– The child’s relationship with each parent.
– The child’s wishes (if the child is old enough to express an opinion).
– Each parent’s ability to care for the child.
– Each parent’s work schedule.
– Any history of domestic violence or substance abuse by either parent.
4. Can the Custody Arrangement Be Changed After It Is Ordered by the Court?
Yes, the custody arrangement can be changed after it is ordered by the court, but this is usually only done if there is a substantial change in circumstances. For example, if one of the parents gets a new job that requires them to move out of state, or if there is a serious problem with drug abuse or domestic violence.
5. What Are the Consequences of Not Following a Custody Order?
If a parent does not follow a custody order, they may be held in contempt of court. This could result in a fine or even jail time. Additionally, the court may modify it. If you are facing a custody dispute, it is important to speak to an experienced family law attorney who can help you protect your rights and advocate for what is best for your child. We are here to help you. Give us a call or send us a text message today for a free consultation at (916) 704-3009. The custody arrangement to limit the non-compliant parent’s access to the child.
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