Custody Laws in California – Who Gets Child Custody in California?
September 13, 2010 by Alan
Filed under Child Custody
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 child custody 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.
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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.
Hi This is for my sister Lucy who lives in CA, She & her husband Joe, has been seperated but they still live under the same house for the sake of their childern. Joe is financially very well off to do compared to Lucy.
I am living in Australia and my parents are in India, we are not able to support Lucy financially. she is struggling to get the custody of her kids.
Joe has been abusing her and there has been an instant where Lucy had to call the police and lately he had beaten her and mentally forced her to leave the house because she reported to the police. She is now living separete. Joe’s mother has being staying with him from long and there are times when Joe and his mother shares the same bedroom. most of the fights between Joe & Lucy are caused by his mother.
Now that Lucy has moved out Joe and his mother is not able to manage the kids well so he has allowed Lucy to see her kids…wherein she is suppose to pick them up form school, drive them to their different hobby classes, take them home, give them food/ bath, look after their studies.
My sister has to do all this plus do a full time job to support herself; and she is currently doing it. I dont think she will be ableto continue doing this for long before she completely breaks down
Joe keeps travelling around because of his work and his mother does not take care of their children, there are many instance were the kids have called their mother at work cry with hunger.
my sister is now totally broken and is not able to think stright especially after the latest fight where Joe has very badly banged her head. Joe is now trying to prove that Lucy is not mentally well to take care of the kid and wants to have the custody of the kids
In all is Lucy does not have any evidence to prove except the police report that she made.
I need help for my sister, she is not able to heir a good lawyer…. what can she do so that the kids are in her custody.
PLEASE HELP ME……you can contact me on my email : jessthak@gmail.com
I am not a lawyer. Lucy should immediately contact her local child support agency. Laws vary from state to state.
A custody determination will be made by a court in the child’s home state. A child’s home state is where the child has lived for at least 6 months.
Can one parent win 100 percent custody of a child if they have not been married?
I am not an attorney.
In most states, an unwed mother will be awarded sole physical custody unless the father establishes paternity and commences action to be awarded custody. Until then, the father is often left with very little he can do to gain access to his child unless the parents agree to it.