custody factors courts may consider

The general policy of the courts is to promote "frequent and continuing contact with both parents”. The court will also consider factors such as the health and safety of the child, abuse, the use of controlled substances by the parents, and the nature and amount of contact with both parents.

childs's best interests

The court will attempt to determine what custody or visitation order would be in the child's best interests (FC 3011; 3040). A child generally needs both parents, and the best arrangement for the child may not be the best for the parents.

"move-away" custody cases

The period and frequency of custodial time or visitation can become a major issue when the custodial parent party intends to move from the local area.  A court may be requested to hear motions for or against the prospective move-away in an effort to award custody rights in manner promoting the child's best interests.  The factors that a court will consider may be numerous, and the basis of the action to some extent, will depend on the "de facto" custody arrangement.

modification of custody orders

A custody order (not a pendente lite order) may be modified on grounds of a substantial change in circumstances. When modifying an order the court may consider the same factors as stated above, with view to making a new or modified order in the child's best interests.

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This site is a communication in terms of Rule of Professional Conduct 1-400. The information in this family law site is not meant to constitute legal advice, and nothing in this site constitutes a guarantee, warranty, or prediction regarding the outcome of any legal matter.  Advertising in this site is limited to California. All photos and graphics are for artistic purposes only, and none of the images are those of staff or clients unless otherwise stated.

kids and their time (the world according to tristan...)

Regardless of your dispute with the other parent, your child needs assurance that both parents love him or her. A child needs affirmation that he or she is not to blame for the parent's break-up and that he or she willl still be allowed to see the other parent without reprisal.

Generally, a child will continue to need time and attention from both parents. Younger children mostly should not have to choose between one or the other parent. However older children may have a preference, which the court may consider in making a determination for custody. FC 3042 provides that the court may consider the "intelligent preference" of a child of sufficient "age and capacity."

 A non-parent might become the personal guardian of a minor child by bringing a guardianship action in the probate court. Although brought in probate court, and not family court, the custody standards applicable to a family law action are made applicable to a guardianship of the person action by reference to the Family Code.

 An adoption generally involves the termination of parental rights of a biological parent, while the court issues an order of adoption declaring the child the adopted child of the adoptive parent.
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introduction to child custody...

This page is about the chapters in the California Family Code (FC) which address child custody laws in California and how the courts in California deal with child custody issues in paternity (uniform parentage), divorce, nullity and separation cases. This page also contains information about the policies behind California court decisions, the different kinds of custody--legal custody and physical custody and the meaning of joint custody as contrasted to sole custody.  I also refer to custody issues arising in "move-away" cases, and how courts approach custody issues by determining what would be in a child's best interests.  Factors that play a role in determining custody are mentioned.  Finally, reference is made to mediation and modification of child custody orders.

physical and legal custody in california

"Custody" consists of physical and legal custody. Physical custody refers to who your child resides with, while legal custody refers to decision-making regarding schools, development, medical insurance, finances and other issues. Joint custody means you and the other parent share legal and physical custody of the child (FC 3002).

custody policies in the state of california

It is the policy of the courts in California to promote frequent and continuous contact with both parents, and absent grounds, this is the custody arrangement that a court will encourage. In certain cases the court may order supervised visitation.

 

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