California Child Custody

Custody Laws Vary from State to State: Seek Help from an Attorney

Dishon & Block: California Family Law
Parenting is not easy, and this is no more true than when parents are going through a divorce or ending a relationship. The court must balance the rights of the parents with the best interest of the child, and it can be difficult to agree on what, exactly, is best for a child. Custody laws do not make it any easier; they are often complex and convoluted, and what’s more, they vary dramatically from one state to another. While there are federal laws in place (including the Deadbeat Parent Punishment Act), laws are often left up to the individual state. Whenever custody is an issue, it is in your best interest to consult with an attorney to ensure that your rights are upheld and that your child is properly cared for.

How does Family Law in CA cover the children’s interests?

Divorce is difficult enough when it concerns consenting adults. When children are involved, who have no say in the matter and may not know why their parents are divorcing, it is even more difficult. In such cases, the divorcing spouses must proceed with care to not cause additional harm to their children.

It is not uncommon for children to feel as if they are responsible for their family breaking up. Also, many children feel confused and unloved during such times because both parents are not paying as much attention to them and also saying negative things about their other parent.

What are current California Family Law specs?

To be granted divorce in California you must fulfill certain “residency requirements.” You or your spouse must have resided in the state for a minimum of the previous six months. What’s more, you or your spouse is required to have lived in the country in which you are filing, for at least the previous three months.

While you or your spouse may claim reasons for the filing of divorce, in California you do not have to do this. You can reduce the stress of divorce by claiming, “irreconcilable differences.” In the end, it doesn’t matter whose fault it is that the marriage is ending; only that it end as quickly and painlessly as possible for all parties involved.

Father’s Right in California

It is a common misconception that courts will favor the mother as the custodial parent or even provide her with a larger time share with the child in cases involving child custody. It is important to be aware of the fact that the courts do not blindly award more custody to the mother in the state of California. In cases where both parties are good parents and are equally concerned about the well being of their children, fathers definitely have equal rights to custody. Know that the courts are just as concerned about the well-being of the children and consider it their prime goal to provide the best possible situation for children of divorce.

Fathers and Children: Determining Custody Arrangements

Family law courts used to favor mothers undeniably when it came to decided child custody placement upon divorce. Since the 1970s however, courts changed their ruling basis to be in the best interest of the children. Even with that standard set in place, the mother will generally gain primary custody of the children in about 70% of divorce cases. Even still, fathers are gaining more custody rights; however, the courts do look at more than just the gender of the parent when deciding child custody.

What to Expect from a Child Custody Evaluation

With your children’s best interests in mind, you and your spouse—on the verge of divorce—simply cannot agree on decisions that determine child custody. If this sounds familiar, it is quite possible that a friend has mentioned, your attorney has suggested, or the judge in your case has ordered that you and your family undergo what is known as a 730 Child Custody Evaluation to guarantee that the best arrangement for your children is made. If this mimics your situation, you may be wondering what exactly a 730 Child Custody Evaluation is and what types of information you will have to provide to an evaluator.

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