Child Custody Laws in California favor shared custody for parents who are separating and can no longer bring children up as a joint-couple. According to Californian family law, a judge can only make a custody ruling if the parents fail to reach an amicable decision on their own. California child custody courts prefer giving shared custody orders. Once such an order has been filed, changing it would require serious proof to back up the need for a revision. California child custody laws are not that different from any other states.
How are Decisions Made Under California Child Custody Laws?
California child custody laws and the courts are significantly powerful when it comes to child custody decisions. To petition for child custody in California, you almost always have to lodge a case in which the court will exercise one or more custody statutes to render its decision on custody matters. Child Custody Laws in California do not require a parenting plan as such; cases are presented by family lawyers in a family court whose ultimate decision will be made on the best interests of the child statute or the statute to keep “continuing contact” between parents and child.
If the other parent has been neglectful or abusive you need corroborative evidence like police reports or any other record that has been made against the other party to present to the court. The court cannot accept hear-say nor will the court accept name calling between the parents. There are specific guidelines on California child custody laws and only proven facts can be used in a custody ruling.
The first priority is always given to the natural parents but there have been landmark cases where placing the child is not in the best interests of the child. Child Custody Laws in California allows for anyone who can provide a stable home to petition the courts for custody. This could be grandparents or even stepparents. According to California child custody laws the person seeking custody will file “non-parental custody petition” otherwise known as guardianship. This should set out the relationship that the person has with the child, the reasons that he or she believes that neither parent is fit for taking care of the child’s best interest. The parents of the child will be served to the child’s parents and if they decide to fight the custody petition.
Move-Away Laws on Child Custody in California
California Child custody laws are very strong about keeping siblings together. According to section 7501 in the California family code, parents who have been given custody of the children can be restrained by the court from removing or changing the residence of a child. This has been a section of a statute that is open to interpretation. The courts can put restrictions unless the move can be proved to be “essential”, most courts presume that custodial parents are entitled to live their lives as they want. According to section 3024 of the same code, the custodial parent has to give a 30-day notice if she or he intends to remove the child from the state. The court still has 45 days to file the notice of change of address and within those 45 days the no-custodial parent can then lodge an appeal against the removal order. These two sections seem to say the same thing only in different ways making California custody laws and rulings on “move-aways” open to interpretation and any good lawyer could present a good case for or against the removal of children.
Whilst the above gives a broad summary of the child custody laws in California it is not meant as a replacement or substitute for professional or legal advice. In the same tone, legal representation is no substitute for acting in your own best interests and those of your children. Familiarize yourself with the child custody guidelines and also those specific to your state. Finally, although there is no specific need for a parenting plan to be presented to the court, it is definitely something you and the other parent should seriously consider drawing up. The two sites mentioned above should help you further in your child custody case.