Custody Laws in California - Who Gets Child Custody in California?
Custody laws in California may differ slightly from other states
. In California, the court has full power to decide who will win child custody. The California court, like most states is bound by a couple of statues, which govern their decision on where to place the child. It is important you are aware of these statues as you begin preparing for your case.The courts first priority is to assure the best interest of the child (with a focus on health, welfare and safety.) Except where abuse is an issue, the second statue they consider when deciding who wins child custody, is "frequent and continuing contact." The custody laws in California, state, it is the courts duty when deciding who gets custody, to assure that both parents remain an equal part of the child's life, including making joint decisions in the child's best interest.
If you feel that the other parent is abusive or neglectful, it is important that you provide evidence of this to your attorney. The judge will not accept hear say, name calling or the issues in your relationship as evidence. Custody laws have very specific guidelines and only the proven facts will be used to determine who will win.
The State of California gives first priority to the natural parents when deciding who wins child custody. However, custody laws in California allow anyone who feels they can provide a healthy, stable home for the child to petition the court for custody, this could be grandparents, step parents, etc.
Again, the court will first try to place the child with a suitable "natural" parent. The judge can accomplish this through joint custody or with one parent being awarded primary custody. If neither parent is deemed fit, the court will then look to where the child has been residing or to a suitable petitioner.
Another consideration in who wins child custody in California is separation of siblings. The court feels strongly that this is hazardous to the child's best interest. Unless it jeopardizes the child's well being, custody laws in California do support any order to separate the children to be reversed.
It is important that you and your attorney are prepared and armed with evidence to support your case. Please remember, the judges only concern in deciding who wins child custody in California is the best interest of the child.
Custody Laws in California - Who Gets Child Custody in California?
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