California law shows no preference for either parent in a custody case. Custody decisions should be made in the best interests of the child. That said, historically, mothers have been granted custody more often than fathers, as they are often the caregivers of children rather than fathers. Joint legal custody in California means that parents must share decision-making regarding the health, safety, education and welfare of the child.
Parents are not automatically entitled to 50-50 custody, or any custody order for the case. Similarly, there is nothing in the family code that automatically grants custody to parents solely on the basis that they are the parent. The rule used by the court during a divorce is the best interests of the child. The court holds that frequent and continuous contact with both parents is in the best interest of the child.
What does frequent and continuous contact mean? This is unique to each family's situation and is set out in a parenting plan that parents accept and sometimes litigate in the divorce process. Without court orders to the contrary, both legal parents have an equal right to custody of their child. See Family Code § 7611 for information on the rights of the father and alleged parents. In California, a child custody lawyer in Los Angeles works with parents to determine the best interests of the child.
When making a custody determination, the court will consider a number of factors, including the child's age, health, and relationship with each parent. The court will also consider which parent is most likely to provide a stable family environment and support the child's relationship with the other parent. In addition, the court may consider any history of domestic violence or substance abuse. Ultimately, the goal is to make a custody determination that is in the best interest of the child and that promotes the well-being of the child.
This is a standard provision in most custody mediation recommendations, and should be included in any child custody stipulation. To tell you the truth, not all California laws that have to do with child custody appear regularly in family court. Whether your goal is to reach a child custody agreement or if you want an experienced child custody lawyer to fight for you, contact the lawyers at Talkov Law for help. In addition, judges often have to decide if joint custody or sole custody is in the best interest of the child.
This occurs if the court finds that there has been substantial evidence that the parent has made a report of child sexual abuse during the custody proceeding, or at any other time, and the parent knew that the report was false. Parallel parenting in high-conflict child custody cases can be very effective and consistent with the best interests of children. California child custody laws state that communication with the mediator is confidential and protected by California Code of Evidence Section 1040 and California Family Code 3177. It's vague and broad, but you'd better know its application if you intend to have any degree of success in your child custody case.
However, like most everything else in California child custody law, the best interests of the child are of the utmost importance when evaluating the child. An experienced child custody lawyer sits down with his client and evaluates the case objectively and with a focus on facts. A provision often ignored by child custody lawyers and parties representing themselves, after a trial to determine child custody, either parent can ask the court to issue a decision statement explaining the factual and legal basis of their decision. This section also requires joint physical custody orders to provide the child with frequent and ongoing contact with both parents.
Parents who share legal custody of their child or children have the ability to make decisions about these decisions. .
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