How to Get Full Legal Custody in California

Parents often make the mistake of thinking that a simple claim or even proof that the other parent has used drugs or alcohol alone is enough to support a single application for legal and physical custody. We`ve written a comprehensive guide to California custody laws that deals with California public policy to promote frequent and regular contact with both parents, and generally favor joint custody. Keep in mind that whenever parents are able to agree on a plan – through mediation, informal negotiation or otherwise – a judge can sign it and the custody process moves to Step 8. Unless proven otherwise, California courts find it in the best interests of the child to maintain contact with both parents. If the children are 14 years of age or older, the court may also consider the child`s personal custody preferences. Controversial cases of custody or visitation where parents cannot get along are complicated. Talk to a lawyer to understand how the law affects you and your rights. Click here for help finding a lawyer. Child safety and well-being: Does a parent have a history of domestic violence, alcohol dependence, drug addiction or other criminal activity that would put the child at risk? These issues are taken very seriously and can tip the balance towards sole custody arrangements for the other parent. At any time, parents can agree on a plan and have it signed by a judge. Then the custody process moves on to step 8.

This is because the focus is on the best interests of children, and if alcohol or drug use has not reached the point where the well-being of children is at risk, family judges may be reluctant to issue a single legal and physical custody order. A parent confronted with another parent who uses illegal drugs or abuses prescription drugs or alcohol should be vigilant when it comes to retaining the services of an experienced family law lawyer. We will review the usual scenarios for requesting full custody or opposing a bad faith request for full custody. As a parent, you want the best for your child. And in the midst of a custody dispute, full custody of your child may seem like the best thing for your child. However, the courts do not always agree. A child divorce is always difficult, as custody issues can be hotly debated and challenged. California law places special emphasis on the best interests of the child. This means that family courts will try to grant equal time for the sharing of the child between the two parents as much as possible. `(a) after finding by the court that, within the last five years, a party seeking custody of a child has committed domestic violence against the other party seeking custody of the child or the child or his or her siblings or a person referred to in point (C) of Article 3011(1), item (b); with whom the party has a relationship, there is a rebuttable presumption that the granting of sole or joint custody of a child to a person who has committed domestic violence is prejudicial to the best interests of the child in accordance with Articles 3011 and 3020. This presumption can only be rebutted by a preponderance of evidence. A conviction for a sex crime in California can have a significant impact on a parent`s custody and visitation.

In such situations, family courts may appoint an internal judicial inquiry or “730” private custody assessment of any kind to determine a history of abuse and obtain facts and recommendations from court-appointed experts or social services. Sole custody and full custody are used interchangeably in California family courts, although current law uses the words “sole custody.” Sole custody does not mean that a parent has the child all the time. Instead, it simply means that the other parent has not had enough time to receive the label of “joint custody.” Usually, if a parent has custody 70% or more of the time, it is assumed that they have sole custody. .