CHILD CUSTODY LAWYER

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Information re California child custody law from Kinsey Law Offices, Seal Beach - attorney, lawyer serving Long Beach, Los Angeles, Orange County, & all Southern CA Counties
, father awarded custody of son, mother awarded custody of daughter) and both have visitation rights as to the noncustodial child.
Pure Joint Custody: Under a joint custody plan, neither parent has sole physical or legal custody; both have authority to control and supervise the child, and the child's physical presence is shared.
First Degree Murder Of The Other Parent: Neither custody nor unsupervised visitation may be granted to a person convicted of first degree murder (Ca Penal 189) of the child's other parent.
Joint Physical Custody: A joint physical custody award means each parent has periods" of physical custody.
Absent compelling circumstances, such as extraordinary emotional, medical or educational need, an order separating siblings between custodial households ordinarily will be reversed as detrimental to the children's best interest.
including, but not limited to, written reports by law enforcement agencies, child protective services, etc.
Child's Health, Safety, And Welfare: A interest" determination must take into account the child's health, safety and welfare.
Child Conceived By Rape: Without exception, no person convicted of rape pursuant to Ca Penal 261 may be granted custody or visitation with respect to a child conceived by that act of rape.
Sole Physical Custody: A parent may be granted exclusive physical custody without exclusive legal custody.
Certain violent crimes restrict custody or unconditional visitation awards A.
[Ca Fam 3011] The court look to all the circumstances bearing on the best interest of the minor child" However, among all the relevant factors, trial courts must consider the following (Ca Fam 3011): 1.
General California Child Custody Guidelines Broadly, the California Family Code empowers the court, during the pendency of a marital action or at anytime thereafter, to make an order for the custody of a child during minority seems necessary or proper.
Physical custody must be shared in such a way as to assure the child and continuing contact with both parents," subject to Ca Fam 3011 and 3020; but that does not mean the child's time must be equally divided with each parent (i.
Note: this is, by no means, a complete listing of all of the factors the court may decide to take into consideration in making a custody award.
Nonparent Custody Subject to strict statutory standards (Ca Fam 3041), custody may be granted to a nonparent (who will have exclusive responsibility for the child's care and control); the parents, at most, will have reasonable rights to visitation.
Further, an appropriate custody/visitation award must take into account the codified policy assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy".
Exclusive custody ("legal" and to one parent: An exclusive custody order gives one parent primary physical control of the child, with the right to make decisions regarding the child's residence, health, education and welfare.
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If the parties cannot agree, custody orders may be made at any time after the filing of an underlying divorce, paternity, or domestic violence action and may be modified at any time until the chilf(ren) turn eighteen.
except where the contact would not be in the child's best interest pursuant to Ca Fam 3011 [Ca Fam 3020(b) (emphasis added)] Types Of Child Custody Arrangements Sole Custody Orders 1.
History Of Drug And Alcohol Abuse: In determining the child's best interest, trial courts must also consider either parent's or continual illegal use of controlled substances" (as defined in Ca Hlth S 11000 et seq.
Joint Legal Custody: Joint legal custody means that both parents share the right and responsibility to make decisions regarding the child's health, education and welfare.
The court has very broad discretion to consider any evidence relevant to the interests of the child.
Factors Considered By The California Court In Making Custody Awards In Contested Cases The Code makes clear that custody and visitation determinations are to be made from the standpoint of the child's best interest (consistent with the 3020 policies.
California Child Custody Law Firm Clients Lawyers Stuff Law Library  Legal Links  Lawyer Jokes  Home When You Need An Experienced Child Custody Attorney.
Child's Wishes: The court must and give weight" to the wishes of children who are of age and capacity to reason so as to form an intelligent preference as to custody.
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This codified policy is a companion to the Legislature's express finding and declaration that perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
In its commonsense usage, custody generally means each parent is custodian of the same child for different finite periods of time, with cross rights of visitation.
The desire of an older child to increase or decrease visitation.
Sole Legal Custody: Conversely, a parent may be awarded the exclusive right and responsibility to make decisions relating to the child's health, education and welfare; but unless exclusive physical custody is also granted, that parent does not have sole control over the child's residence and supervision.
Safety Welfare: The court's concern" is to assure the child's health, safety and welfare.
unless the court finds there is no risk to the child's health, safety and welfare and states its reasons in writing or on the record.
California Child Custody Law & Procedure - Child Custody Attorney - Lawyer
Modification Of California Child Custoey Orders: Child custoey orders may be modified at any time before they terminate as long as the party moving for the modification can show that there has been a change in circumstances affecting the welfare of the child(ren) since the last order.
we have repeatedly emphasized, the paramount need for continuity and stability in custody arrangements--and the harm that may result from disruption of established patterns of care and emotional bonds with the primary caretaker--weigh heavily in favor of maintaining ongoing custody arrangements.
[Ca Fam 3011, 3020, 3040, 3041] The equities, feelings and desires of the contesting parties are only a factor to the extent they affect the child's best interest.
This means the child resides with and is supervised by one parent, subject to the other parent's visitation rights; but the custodial parent does not have sole decision-making power regarding other matters affecting the child.
Registered Sex Offender Or Child Abuse Conviction: Neither custody nor unsupervised visitation may be awarded to a parent or any other person who either (i) is required to be registered as a sex offender under Ca Penal 290 where the victim was a minor, or (ii) has been convicted of specified child abuse offenses (under Ca Penal 273a, 273d or 647.
A custody arrangement refers to varying parenting plans for several children, where each parent has custody of at least one child of the marriage at all times (e.
Divided Or Custody: These are terms of art not defined by the Code.
unless the court finds there is significant risk to the child" and states its reasons in writing or on the record.
History Of Physical Abuse: The court must also consider any history of abuse by one parent or any other person seeking custody against (Ca Fam 3011(b)) the child, the person seeking custody, or the current spouse.
California Child Custody Procedure: The parties may - and are encouraged to - enter into a written stipulation (agreement) on custody issues.
Stability And Continuity Of Environment: Although not reduced to express statutory terms, a significant component of the interest" assessment is the policy goal of protecting a stable custody arrangement.

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Because the paramount goal in both custody and dependency cases is to serve the best interests of the child, custody evaluators experienced in high-conflict cases might be well suited to conduct evaluations in dependency cases where there are mental heath issues for the parent(s) or child.
Recommendation of a plan that currently serves the child’s best interests.
If the second answer is yes, would continuing this parent and child relationship promote the child’s well-being to such a degree as to outweigh the well-being that the child would gain in a permanent home with adoptive parents? (In re Autumn H.
Mental health issues in custody cases require the evaluator to assess the effect on the child and to recommend a parenting plan focused on the child’s needs.
But in dependency cases, the procedure and the questions are often much more invasive: Should the child be removed from constitutionally protected parental control? If so, under what conditions? And for how long?.
Ken Lewis, PhD, Director, Child Custody Evaluation Services of Philadelphia, Inc.
The Adoption Assistance and Child Welfare Act of 1980 required that efforts" be made in termination of parental rights (TPR) cases to prevent or eliminate the need for the removal of a dependent, neglected or abused child from the child's home and to reunify the family if the child is removed (Herring, 1992).
Is there a current parent and child relationship? If yes, describe the relationship.
The National CASA Association - Judges' Page - Archive Article - Child Custody Evaluations in Dependency Cases
, “Inclusion of the Reasonable Efforts Requirement in Termination of Parental Rights Statutes: Punishing the Child for the Failures of the State Child Welfare System,” 54 U.
An experienced custody evaluator may be a useful resource in a dependency case where there is a mental health issue with the parent or the child.
It has long been recognized that custody evaluators can play an important role in divorce cases by gathering information and advancing expert opinions about the best interests of the child.
But the 1998 amendments to the Adoption and Safe Families Act allowed states flexibility in determining whether reunification efforts would serve that goal in termination cases and announced “health and safety of the child” as the dominant public policy (Bean, 2005).
Non-invasive interactive session(s) with the child—and possible testing.
In-home inspection of child’s social, emotional and environmental conditions with an eye toward identifying aversive stimuli that may or may not be altered.
This article outlines how a custody evaluator may also be a resource in dependency cases.
If the first answer is yes, does the child have a substantial, positive emotional attachment to the parent such that the child would be greatly harmed if this parent/child relationship were terminated?.
What ingredients of a comprehensive custody evaluation might be beneficial to the court in a dependency case when there is a mental health issue? In-depth interviews with parent(s) focused on clinically detectable aberrations from norms in behavior, attitude and mental functioning.
Thus “best interests” is paramount in both custody and dependency law.
In cases of abuse or neglect, following the preferences of children (even older children) is frequently unwise.
Whether individually or as a member of a team of professionals, an experienced custody evaluator may be a valuable resource in some dependency cases.
While “best interests of the child” is the polar star in both child custody and dependency cases, there is a major jurisdictional difference.
Glossary for the Child Dependency System (the League of Women Voters of California Education Fund).
Jurisdiction in custody law can be acquired by mere residency, but jurisdiction in dependency law is usually acquired because of parental conduct.
Differences Between Custody and Dependency Cases Dependency proceedings are ongoing.

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FAMILY LAW Click here to find child custody lawyers in your area! FAMILY LAW - CHILD CUSTODY LAW Generally, statutes authorize the court having jurisdiction of divorce proceedings to determine who shall have custody of the children on the marriage.
Click here to find family divorce lawyers in your area!.
Code of Federal Regulations, 45 CFR 300 - 399 , Office of Child Support Enforcementto top.
The capacity of the parents to communicate and reach shared decisions affecting their child's welfare.
Because the authority to award custody is based on the jurisdiction of the court, most of the law in this field is state based as opposed to federally based.
Custody, without qualification usually refers to a combination of physical custody and legal custody.
Uniform Child Custody Jurisdiction Act Custody - Means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare.
See dictionary Custody" is the right and obligation to make long range decisions regarding the child.
Under the common statutory provision, the parents of a legitimate child are joint guardians of that child, and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.
Child custody law and legal information about shared and joint custody - legal custody, physical custody and parental rights. Find an experienced family law attorney specializing in child custody law in your area.
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Child Custody Law & Lawyers - Family Lawyers & Attorneys

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Child Custody Lawyers in Oklahoma City, Oklahoma ­ Oklahoma Family Law Center
Oklahoma child custody laws include temporary custody, legal custody and physical custody.
Joint physical custody allows the child to live with both parents for predetermined amounts of time.
Legal custody is the next step in the Oklahoma child custody process.
If the custodian of the child/children is not following the Oklahoma court order dictating visitation rights, an appeal may be brought to the court based on the best interest of the child.
In these difficult times, it is important to know that this decision will be based on what is in the best interest of the child.
Physical custody is split into two categories, sole physical custody and joint physical custody.
Do you have a legal question regarding Oklahoma Child Custody? Click on the following Oklahoma Family Law Center resource links to research your question.
Oklahoma City Child Custody Law Information: Child Support Guidelines , Child Support Attorney , Child Support Lawyer , Oklahoma Child Support Lawyers and Attorneys.
Physical custody is where the child actually lives within Oklahoma.
Although this could be in the best interest of the child at the time of separation, it may not ultimately be in the best interest of the child.
Sole legal custody allocates all of the decision making power to one parent.
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Contact the Oklahoma Family Law Center ; we have experienced child custody lawyers that can help you in this confusing time.
Joint legal custody and sole legal custody are the two different types of legal custody in Oklahoma.
Sole physical custody is defined as the parent the child actually lives with.
Joint physical custody is rare because the courts need to think in the best interest of the child.
Legal custody determines which parent, possibly both, is able to make the legal decisions for the child regarding education, health care, religion, and his/her general welfare.
Contact the Oklahoma Family Law Center to speak with an Oklahoma child custody lawyer today.
Joint legal custody splits the decision making responsibilities between the parents.
Family Lawyers in Oklahoma City, Oklahoma ­ Oklahoma Family Law Center
Oklahoma laws define temporary custody as the decision made by the parents as to the custody of the child at their time of separation.

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You would not be required to show a substantial change in circumstances to have custody changed in the custody order.
In Shared Physical Custody the child has two residences, spending at least 35% of their time with the other parent.
Back to Top Modification of Custody When a parent seeks to have the custody order changed, it is his/her burden to show the court why it should be changed.
This act gives jurisdiction for custody cases to the location that is most closely associated with the child.
Supervised visitation is when the parent is only allowed to visit with the child in the company of another person.
Joint Legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence.
A child of 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody.
For example, if the parent with legal custody has decided to raise the child in the Jewish tradition, the parent with visitation rights may not take the child to be baptized in a Catholic church.
Whether or not you are taking the exemption for the child, you may still file as of household.
Custody and Visitation  Introduction to Custody and Visitation.
Primary Care Giver  Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?  Fitness  What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).
While there are no reported cases of brothers or sisters being given visitation, a strong argument could be made that it would be in the best interest of the child.
Child Preference  The decision of the court may be considered reversible error if they won't hear the child's preference.
The only exception to this rule is when the child is in clear and present danger (the victim of abuse or abandonment) requiring the noncustodial parent to save them.
People go into courthouses everyday telling clerks that the parent has not returned the child at the scheduled time following visitation and they don't know what to do.
That court has the power to override any agreement if they believe the agreement is not in the best interest of the child.
Paternity can be established by: judicial determination of paternity; father's acknowledgment of paternity in writing; father's open and notorious recognition of the child as his own; or by marrying the mother and then acknowledging himself as the father, either in writing or orally.
However, it will be the minor's burden to prove that a change of custody would be in his/her best interests at this time.
Back to Top Taxes Usually the parent with custody can claim the exemption for the child.
Introduction to Custody and Visitation  The question of gets custody of the kids?" is one of the most difficult and often the most emotionally draining both for parents and their children, when spouses divorce.
A mediator's role may be limited to custody or may also cover other issues such as marital property if you choose.
In the event that you have a highly volatile, hostile or contested custody issue you should seek out a lawyer to represent you.
One example of this is when there is one residence for the child and the parents live with the child there on a rotating basis.
This is based on the idea that stability is best for the child unless you can show that there is something in the environment that will adversely impact on the well being of the child.
The court that made the original custody and visitation order retains jurisdiction to decide modification unless the parties and child no longer have close ties to the court and the court surrenders its jurisdiction.
Mediation is not an option that is appropriate in cases where there is a genuine issue of physical or sexual abuse of the child or one of the parties.
Georgia Child Custody Law
When a custody order is violated the law requires the custodial parent/lawful custodian to first demand the return of the child.
While grandparents and others may seek custody, there is a presumption in favor of the natural parents.
Back to Top The Best Interests of the Child Standard  Regardless of any agreement you may have reached, the court's standard for initially awarding custody is to determine the best interests of the child.
Back to Top What if we disagree about custody and visitation?  Mediation .
A person with physical custody has the child living primarily with them and they have the right to make decisions as to the child's everyday needs.
In order to assure the best interests of the child the court looks very closely at Joint Custody agreements.
The child and at least one of the parents have significant connection with Georgia (live, work, go to school here) and in Georgia there are more records and witnesses to give evidence of the child's present or future care, protection, training and personal relationships.
sole? shared?  Types of Custody  Temporary Custody  De facto (means in fact) custody refers to who actually has custody of the child at this time.
Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent.
The court will want to make sure that joint custody isn't being traded for concessions on other points.
Character and Reputation  Agreements  Is there a custody stipulation already drawn up?  Ability to Maintain Family Relationships  Who will be able to keep the child's family most intact? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any adverse action on the part of the other parent.
Some of the considerations that may bring about this result are age of the children and child preference.
If the child has actually been stolen by the other parent you should report this to your local police department immediately.
Once an incident like this has happened, you may want to consider modifying the custody order.
Temporary custody is subject to review based on the interests" of the child standard, to be discussed below.
The most important factor to Joint Legal Custody that is also very relevant to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare.
Split Custody  Split custody is easiest to describe in a situation where there are two children and each parent obtains full physical custody over one child.
Though it is rare the court will hear from a child under 7 years, the child's ability to tell the truth from fiction and maturity will be the guidelines for whether a child may be heard.
However, the court with original jurisdiction may refuse to hear the custody case if a child has been wrongfully taken from another state or taken without the consent of the person entitled to custody.
To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determing custody].
It is not an award of custody because it is understood to be temporary pending a full hearing.
A person with legal custody has the right to make long range plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare.
Georgia was the child's home state within the last six months and the parent filing for custody continues to live in Georgia and the child is absent from the state because another person took them out of Georgia claiming custody.
Back to Top What if we agree about custody and visitation?  Custody Agreements  If you and the other parent have already come to a fair agreement on the custody and visitation issue, you may want to write your own stipulation and consent order.
Georgia is the home state of the child (lives in state, goes to school in state) and the parent has sufficient contact with the state (works, votes, lives, pays taxes in Georgia).
In order to be awarded temporary custody you must file a request for hearing and an order for temporary custody and support along with your Complaint for Custody or Divorce.
Other factors include: willingness to share custody; fitness; child's relationships with parents; child's preference; ability to stabilize child's school and social life; closeness to parent's homes (primarily a factor during the school year) ; employment considerations (e.
Back to Top Visitation Visitation is the part of the court order that defines the conditions for the non-custodial parent to have contact with the child.
Material Opportunity  Which parent has the financial resources to give the child more things?  Age, Health and Gender of Child  Residences of Parents and Opportunity for Visitation  How close do the parents live to each other? How close do they live to members of the child's extended family? Which parent lives closest to the child's school and social circle?  Length of Separation  Any Prior Abandonment or Surrender of Custody  Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?  Religious Views  These will bear on the court's decision only if shown to affect the physical or emotional well being of the child.
The child is physically present in Georgia and was abandoned or emergency protection is necessary (the child was threatened or subjected to abuse or neglect).
Child was removed from Georgia and the Uniform Child Custody Jurisdiction Act does not apply and no other state has jurisdiction, then Georgia will have jurisdiction if: .
In order to formalize custody before you begin litigation, one should file a motion for Pendente Lite (meaning pending litigation) or temporary custody.
Additionally, you can make your own special joint custody agreement that is any combination of Shared Physical and Joint Legal Custody.
This section is designed to give you a general knowledge of the issues involved in determining the parties custody and visitation rights.
The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states.
In that case, the parent with custody needs to sign IRS Form 8322, Release of Claim to Exemption.
This means that your visitation does not give you the authority to conflict with the long range decisions and policies of the parent with legal custody.
In order for the father to assert rights to the child (including rights to custody or visitation), paternity must be admitted or established in court.
To do this you must show that there has been a substantial change in circumstances and that it is in the child's best interests to make the change you are proposing.
In order for a father to bring suit to establish paternity by judicial determination, he should file an action for but, this is not required to seek custody if any of the other three methods has established paternity.
Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What you might think you can figure out as you go along could actually blow up into a full scale war later.
Back to Top Unmarried Cohabitants  If the parents are unmarried, the child is the child of his/her mother.

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In the past, generally one parent was given sole legal and physical custody and the child lived with that parent, with the other parent having visitation rights, taking the child on weekends, holidays, or vacations.

In determining the custody of a minor (under eighteen) child, the parents should be guided by one standard and the court is guided by one standard -- the best interests of the Child.
If you are unable to agree on custody, the court will award it based on considerations such as the age of the parent and child, and physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in upbringing and caring for the child, the home where the child will live, and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision.
Legal custody can be given exclusively to one spouse, or both spouses can share joint legal custody.
More and more in Virginia, the parties agree or the Court orders joint legal and physical custody, where the child spends time living with both parents on a regular basis.
CHILD CUSTODY AND VISITATION This is the most difficult issue in most divorces.
A party who wants a change in custody must show that conditions have changed and that a new arrangement is in the best interest of the child.
The Northern Virginia Law Page - Child Custody
With joint legal custody, spouses share responsibility for important decisions affecting their children, such as choosing schools and medical treatment.