A Comprehensive Guide To Child Custody Laws in California

Child custody laws in California, like all other states, the child is the primary concern when the courts make a decision. Nonetheless, decisions are not based on the parent’s needs; decisions are based on the safety and security of the kid. Decisions are also based on consistent contact with the parents as long as the child will be free of harm.

This all falls under the jurisdiction of the code of California 3011, 3020, 3040, 3080 in these sections. Nevertheless, when it comes to child custody laws in California, it is upon the court to choose who eventually receives custody of the kid. It is not an easy decision. Custodial decisions can be petitioned by many guardians, any guardian who feels they can properly raise and care for the child.

So the court makes a decision due to what it feels is the best possible situation for the child. When there is a challenge for custody, the process follows through section 3040. Custodial decisions are again based primarily on the kid. Decisions will initially be made to conform to the parents by letting them have joint/dual custody.

Obviously, the court will do this before any other guardian because its priority is having the child raised by the parents. However, the bias of having joint custody, the judge is still allowed to make any decision they want due to the fact that the child is the judge’s main concern. Also, if both parents do not get the child, then the judge will initially look to favor the home where the child has been staying.

Due to the familiarity for the child and not have to change their surroundings. So to recap, decisions usually go to the parents favoring joint custody. If neither parent gets the child, probably due to the fact that the parents may be unfit or harmful to the child, then the judge will look to make a custodial choice based upon the child’s well-being.

If you have custodial issues with other guardians, your best bet is to contact a child custody attorney in the California family law practice. So you can get familiar with your rights and prepare yourself for the custody battle, which will come eventually, don’t forget you can, and you must make the best out of the situation in terms of custody and seeing the child.

Do not lose time in the obscurity of losing custody of your kids or having the least visitation rights by not grasping child custody laws. Consult Mr. Binoye Jos at Jos Family Law for the best advice; Find the right custody arrangement & guarantee success with the top Divorce Attorney Huntington Beach. For a free initial consultation, call 1-714~733-7066 today.