Any parent seeking full custody in California must be willing to present convincing evidence in family court. The court requires valid reasons consistent with the best interests of the children to order full custody of one of the parents. Most judges prefer frequent and regular contact with both parents and grant joint custody. But apart from that, a parent has physical custody of the child. The only time visits do not take place is when it is dangerous for children to be with the parent who does not have custody due to issues such as abuse, neglect, instability or substance abuse. First, let`s define what full custody means and what it entails. In California, both parents of a child have the same right to be present in that child`s life and to make decisions about it. When parents live together and/or are married, it is easy to share these duties and rights. Divorce can really change things. Before a divorce can be finalized, the parents must agree on custody arrangements.
This means that both parents must agree on who will have custody of the child and when. If the parents cannot agree and tools such as mediation are not helpful, a court will intervene. Custody cases involve consideration of guardianship, which one or both parents can provide in the best interests of the child. So how is it possible for a single parent to take sole custody of their children? Raub JM, Carson NJ, Cook BL, Wyshak G, Hauser BB. Predictors of custody and visiting decisions at a family court clinic. J Am Acad Psychiatry Act. 2013;41(2):206-18. California Family Code 3006 states that sole custody means that a parent has the right and responsibility to make decisions about a child`s health, upbringing, and well-being. However, in some situations, the court may agree that it is preferable for the child to have only one parent with full custody.
If you`re looking to get full custody of your children, you need to know how these types of cases are typically handled by California family courts. Facilitates important decisions because only one parent is legally responsible May cause the parent to continue withdrawing from children without custody If you are hoping to obtain sole legal and/or physical custody of your child, it is important to know what the courts are looking for in these cases. The prevailing legal standard in these cases is the “best interests of the child”. Of course, this is a vague legal standard that is open to interpretation. I am sure you can think of other examples where it may be useful to apply for sole custody on some issues and joint jurisdiction on others. Remember that the family court judge is primarily concerned with the best interests of the child. This means that most family judges do not order sole custody of a parent unless drug or alcohol use threatens the parent`s best interests. The purpose of the custody case is also for both parents to share their responsibilities and stay in the children`s lives. However, if deemed necessary, the Family Court may also decide to award full custody of the children to one of the parents, on the grounds set out in the Act. Rather, sole custody is intended for situations where it is clear that a parent is better equipped or available to make informed legal decisions.
For example, if a parent travels a lot out of the country, moves out of state, or has problems with drug use, child neglect, or domestic violence, sole custody is a reasonable expectation. The court will always consider the best interests of the child when deciding on custody, whether it is vested in one or both parents. If there is more than one child, the presiding judge tries to keep the siblings together. The goal of custody cases is to minimize the impact of separation on children`s lives. If you have sole custody, you have the right to have your child live with you indefinitely. There is no obligation to let the child live with the other parent. However, a father who loses custody can still get visitation rights. Visits are often used in sole custody situations to ensure that a child has a relationship with both parents. If sole custody was granted because the safety or well-being of the child was at stake, a court will likely require that every visit be monitored. After a judge makes a custody or access order, 1 or both parents may want to change the order. Typically, the judge approves a new custody and access order, which both parents accept. If the parents cannot agree on a change, 1 parent can apply to the court for a change.
This parent will likely have to fill out certain forms to request a court hearing and prove to the judge that circumstances have changed significantly (p. e.g., children would be harmed if the order was not changed) or another good reason to change the order. Both parents will likely need to meet with a mediator to discuss why the court order needs to be changed. But what about the most extreme situations where sole custody would be appropriate on all issues? We use the word “extreme” because we believe that it is not normal with two good parents (or even a good parent and an average parent) for the court to order sole custody of each matter to one parent. These more extreme situations occur when: Abandonment: The fact that a father has abandoned a child at some point in his life can be used to fight for sole custody. Ultimately, there are many permutations of custody and many variations in visiting arrangements. Parents are not limited to universal options. However, under California law, the guiding principle for deciding which custody outcome is the right one in a particular situation is what is in the best interests of the child. The courts tend to agree that the best outcome for most children is to move forward in a manner that is closest to previous parental relationships, ideally with the child spending time with both parents.
With this in mind, many factors must be taken into account in determining what is really in the best interests of the child, as each parent may have different opinions in this regard. Sole custody is often attractive to parents because it`s simple – no one needs to be consulted when a decision is made. But whatever the call, sole custody isn`t meant for situations where parents simply have different parenting philosophies or difficulty working together. Physical custody refers to legal custody, but it is a different legal term. Physical custody refers to the time a parent spends with a child. One parent has full or sole custody if the child spends most of his or her time in the care of that parent. When seeking sole custody, most parents assume they are only arguing about sole physical custody. In truth, this is not the only type of custody that parents should consider. Custody must also be taken into account. Sole custody orders give a parent the right to make decisions If both parents are available and able to make reasonable decisions, sole custody is not the best option, and the courts are unlikely to grant this request.
Situations where sole custody works well include: Full custody is sometimes referred to as “sole custody.” This involves giving the parent legal and physical custody of the child.