Should I Cobtact A Lawyer Before Talking To Social Services In California

Give thanks you for visiting our in-depth guide to California child custody laws

First, welcome. 2d, sit dorsum and relax. We have a lot to cover as we talk about the topic of child custody in item.

The showtime part of this in-depth guide on California child custody laws volition walk y'all through what contested custody litigation is. We will discuss at the get-go the relevance of status quo (parenting time, bonding, etc.) and what weight it should accept on the initial and ongoing child custody orders?

This guide is not legal advice and is non intended to apply to your specific situation. It is not a substitute for legal representation or advice. Delight exercise not endeavor to represent yourself. In addition, California law goes through changes year to year. Code sections may undergo amendments. New case law may modify the way the courts apply the police. Those changes may not be reflected in what nosotros write below.

When you are ready to talk, we are ready to listen. We are experienced California family law attorneys. We believe good men and women deserve great family unit law representation. Contact us for an affordable strategy session.

Okay, ready to keep reading? Permit's commencement.

California child custody laws in contested custody litigation

Why "contested"? If you and the other parent have the custody case settled, you lot probably would not be here. Yous are here so that tells the states you are either expecting a contested example or you are in the center of one. These contested cases run into awarding of California's child custody laws on a daily basis.

Is a contested kid custody case a proficient idea?

Graphic of father and mother with crying child in the middle

The common conception is that contested custody litigation is not in the children's best interest. There is a lot of truth to that argument, especially when divorce and child custody collide. If the parents tin come to a reasonable settlement, they should. Why leave it to a family law judge, correct?

It'south not that easy and we know that.

At that place are some instances where custody must be litigated to protect the best interests of the children.

Your job as a parent is to determine whether the problems in your case merit litigation and ultimately a hearing or whether the focus should be on resolution of the example with the other parent.

The courtroom's job is to utilise California's child custody laws to ensure the order protects the children.

Earlier we delve into substantive kid custody law, consider reviewing our articles on the topic of California child custody jurisdiction and specifically the "home land" application of the rules.

After all, before we apply California'southward laws, our courts must accept the ability to hear the instance.

Evaluating a kid custody case in California

An experienced child custody attorney sits downward with his or her customer and evaluates the case objectively and with a focus on facts. Facts include:

a history of each parent'southward relationship with the children up to the present date,
evidence of corruption or neglect,
a detailed agreement of whatsoever significant bug related to the children's wellness, condom, education and general welfare,
an evaluation of the current status quo custody system, and
a breakdown of what the hereafter should concord based on the children's best interest.

In this guide on California kid custody laws, we will go through the virtually of import factors both nosotros and, in our opinion, the family constabulary judge volition expect at in whatever custody and visitation example.

By the time you are done, I hope that you volition have learned a lot near our custody laws and procedure and you will be ready for an intelligent and informed word with an experienced lawyer about your specific facts.

What is the custody and visitation status quo?

What "is" the status quo sometimes remains the condition quo in a child custody case. In other words, if at that place has been a schedule that the parents followed for any pregnant time and that has worked for the kids, courts may expect to that status quo every bit the basis for any ongoing orders.

Does that hateful the family unit law courtroom volition always go along things the same? Our laws do not country, "the judge must practise any the parents accept done." However, our child custody laws do place a premium on stability and continuity. That is why condition quo matters. If it is working well for the children, courts normally exercise non rock the boat.

This is important for both the custodial and noncustodial parent.

If y'all are the custodial parent who is facing a modification request, consider whether the condition quo has been working and how you're going to advocate to the court that things should say the same.

If you are the noncustodial parent, yous should be prepared to explain to the court why the status quo is non consistent with the children's best interest. This is especially true if the status quo on the custody and visitation has been a temporary departure from how it used to exist or is something forced upon the children over your objections.

Noncustodial parents have more than rights than they realize and they are not as stuck with the status quo as they may think. California child custody laws are designed to provide both parents with frequent and regular contact with their children when it is in the children's all-time involvement.

Two common exceptions to "status quo" under California kid custody laws

ane. Temporary absence or relocation of a parent from the family unit residence.

Reasonable efforts to maintain parenting fourth dimension with a child is critical for a parent that moves out of the family home.

California kid custody laws do not allow a family police force guess to consider one parent'southward absenteeism or relocation from the family residence so long as the absence or relocation was:

of a curt duration,
the parent who was absent demonstrated an interest in maintaining custody or visitation,
the parent maintained or made reasonable efforts to maintain contact with the child, and
that parent's behavior is non consistent with an intent to abandon the child.

Another exception to the status quo rule is if that absent-minded parent was absent every bit a result of the other parent'due south actual or threatened domestic violence or family unit violence.

This kid custody law exists to avoid temporary absences from beingness used against a parent unfairly when that temporary absence is not an of import factor in the child's best interest.

2. Military service and its impact on California child custody orders

Let us first with a hypothetical.

Assume a father has joint (50/l) custody and parenting time. That father and then goes into military service, agile duty. The mother gets primary custody although no modifications to the court gild was made. The child is simply left with the female parent. The father serves his fourth dimension in active duty and and so returns.

The male parent wants to return custody and parenting time to how it was. The mother does non and now wants sole custody. What does the family court practise? First, let'due south discuss what a family court cannot do.

The family court cannot make a modification to custody or visitation solely on a parent'southward absence or relocation or failure to comply with the order that resulted from active military service and deployment exterior the Land of California. The cardinal word in that location is "solely." But because the father was gone does not mean he automatically loses joint custody and equal parenting time. If there are other reasons that touch on a child's best interest and the issue of custody and parenting fourth dimension, that should get evaluated.

If a custody modification does need to exist made (before the parent leaves) as a result of a parent's military deployment, mobilization or temporary duty, the order will ordinarily be temporary.

That ways the family constabulary guess volition review it when the soldier is back habitation and potentially reconsider the temporary custody lodge. Nether some circumstances, our custody laws create a presumption the order should go back to the style it was earlier deployment. However, like well-nigh everything else in California's child custody police force, the child's best interest is of paramount importance when evaluating information technology.

Our Country'south child custody laws, both codes and cases, are protective of armed forces personnel. Serving in the military and carrying out the duty is non justification for depriving that parent of custody. The law gives flexibility to an absent parent in this area arguably more than any other.

How does California deal with a kid'due south preference?

You may be surprised that we hash out this so early but at that place is a very adept reason for it.

Ever since California Family unit Lawmaking section 3042 went into effect in Jan of 2012, the kid's preference has become a more than significant factor than ever before.

Nosotros hash out Family Code section 3042 in this important linked commodity called Child'south Preference in Custody and the When and How of the Child'due south Choice.

Read it now or afterward but simply brand sure you read it. It lays out for you how the whole child preference issue works nether the more recent California kid custody law.

You may exist request, "is that actually all it takes? A child can state what he or she wants and the courtroom follows information technology?"

There is more than to it than simply a stated preference. California child custody laws give the Family unit Court discretion and of course issues such equally the kid'southward maturity, parental influence, conditioning and alienation play a function in whether the court will heed to a child's preference and act on it.

Domestic violence or kid abuse and its impact on child custody

A parent with a history of domestic violence or child corruption is going to confront an uphill battle in seeking joint legal and articulation physical custody. That is because California child custody laws state, nether certain circumstances, a parent who has been establish to have committed domestic violence must overcome a presumption that it is not in the children's all-time interest for him or her to share joint custody.

We hash out domestic violence and abuse, the specific California child custody laws also as its weight in contested cases in the linked commodity virtually the effect of domestic violence on a kid custody cases.

Co-parenting and advice between parents

One of the foundational elements that a family law approximate takes into consideration before making a determination is whether ane parent is frustrating or preventing communication or refusing to engage in co-parenting.

The reason for this is simple - California custody laws favor both co-parenting and communication and expressly provide that a parent who is unwilling to engage in both may not be fit to have joint or primary custody.

You lot may be skeptical and even asking whether judges practise what the Family Lawmaking preaches? Aye, but be prepared to properly present your case and advocate your position with both the facts and the police force because the judge is not your advocate and he or she is not going to do your chore for you.

The unprepared and those who try to handle their own contested child custody cases face a hard time in this regard.

Don't be that parent. Get constructive representation.

If co-parenting is not just possible, there are alternatives. Parallel parenting in high conflict child custody cases tin can be very effective and consistent with the children's all-time interest.

Interfering with the parent-child relationship

We have written articles about subjects such every bit parental alienation in a California child custody case likewise as the impact of false allegations of child abuse. Notwithstanding, it does not have to get to the indicate of bodily alienation or abuse for the court to cistron in unreasonable carry by a parent and interference with the parent-child human relationship.

If one parent has been uncooperative (and that phrase is non specifically defined by our custody laws) and that has adversely afflicted or may adversely affect the children's relationship with the other parent, the court volition have to have such misconduct into consideration.

The weight the court gives such beliefs will depend on the extent of the misconduct. This is good news for parents who communicate and co-parent and bad news for those that don't.

Uncooperative parenting and interfering with the other parent's rights may non only lead to a change in custody only a antipathy action confronting the interfering parent. Court ordered articulation legal custody and parenting fourth dimension are not suggestions. They are mandates. California child custody laws requite the courtroom the power to result fines, community service and fifty-fifty jail time.

We discuss contempt in family police cases on our Contempt of Courtroom in Divorce page.

California's best interests of the children standard

What does the child's best interest mean under California child custody law?

Information technology is the single nigh of import gene in every single child custody case. It is chosen the child's "best involvement". It is vague and broad but you better know its application if yous intend to have whatever degree of success in your child custody case.

The purpose of the California all-time interest standard is to give the court broad discretion to order a custody and visitation plan that is consistent with the child's health, safe, welfare and pedagogy.

That give-and-take "discretion" is very important. We phone call it the big "D" because information technology gives the Family Court reasonable breadth such that there is often not a strict right or wrong decision unless the judge abuses his or her discretion when making a ruling.

This court discretion when assessing the child'due south all-time involvement is also what makes kid custody decisions difficult to successfully entreatment. When an appellate court takes a look at a approximate's decision on what facts he or she gave less or more consideration, they generally have to find (with some exceptions of course) that the guess abused his or her discretion when evaluating and weighing the facts.

Bonding between the parent and child as a gene in California child custody cases

The level of emotional bonding that the children accept with the parents is a strong consideration. Bonding isn't but an issue of parenting time. Sure, the days a parent spends with the kids is important merely bonding goes deeper. Information technology is the level of attention and caring and the children's response and closeness to that parent that matters.

Parents who are not bonded with their children as a consequence of their own misconduct may face up a tough time in custody and visitation cases but bonding is not a hard-line rule. Even if it has non been established, it can exist and if it is weak, it can exist strengthened.

Bonding is also a part of a child'south age, maturity, temperament and a parent'southward personality and stability.

Let united states of america take a hypothetical to illustrate these points.

Allow us assume you have a working dad who is at the job 60 or more hours per week. Presume further yous accept a stay-at-home mom and two children ages two and four.

In such a situation, it is not uncommon for the children to exist more bonded with the female parent. That is simply a function of the female parent spending more than quality time with the young children than the father. Does that mean the dad in our hypothetical is out of luck?

If these two go through a divorce, the father will have to make some adjustments to his schedule or his life to spend more than quality time with the children - the accent being on the give-and-take, "quality." With that, the begetter volition take an opportunity to build up the bonding between he and his children and, so long equally the mother does not interfere with that bonding, the father should be able to bask that quality time with the kids within a very short menses of time.

Gender, race, religion, sexual orientation, handicap and a parent's financial status

The following are irrelevant to California kid custody decisions.

Graphic of a man and woman standing and a list of items irrelevant to custody

In add-on to the to a higher place, the family court cannot consider every bit a sole or primary factor the financial position of the parents. Wealthy parents are not afforded whatsoever advantage over poor ones.

Educational choices under California child custody laws

Where volition the child go to schoolhouse? Volition it be a public school or individual i? Will the kid be homeschooled?

Family unit Courts generally practise not become over involved in such decisions.

The Court volition not necessary "pick" a school. However, if the parents cannot agree and the Court is asked to make a decision between two schools at that fourth dimension, what more commonly happens is the Court will designate ane parent as the parent who should pick the school at issue. That does not mean the parent make that choice forever.

Legal and concrete custody

Joint legal and joint physical custody orders under California kid custody police

Agreement what legal and physical custody mean under our child custody laws is an important role of your preparation

Joint concrete custody gives both parents equal command over the kid and the decisions related to him or her.

Joint physical custody is typically synonymous with a 50-l parenting time arrangement. However, California kid custody laws do non crave a 50-50 parenting time for in that location to be articulation physical custody. Then long as each parent has significant periods of time with the children, joint concrete custody is appropriate.

How much time amounts to "joint?" Based on custody laws that exists as of today, it generally has to be more than 35% and typically 40% or more than. Take those percentages with a grain of salt. At that place are not nonetheless whatever difficult and fast rules regarding this outcome.

Joint legal custody in California ways the parents must share the decision-makingregarding the child's wellness, condom, education and welfare.

Recall of joint legal custody as a mandate to communicate and co-parent. Neither parent can make decisions that are important in a child's life without involving the other parent and obtaining the other parent'south consent.

These include decisions regarding wellness and medical, educational activity, extracurricular activities, and anything that is of significance to the child. Even omnipresence in religious activities tin can be covered under a joint legal custody order.

California judicial council grade 341(East) is very instructive in this regard. Read it to empathize the breadth and scope of joint legal custody in California.

Parents will sometimes inquire whether joint legal custody is an all or nada proposition. The family law judge can order one parent to have exclusive controlling authorization over one or more topics.

Therefore, California kid custody laws can make sure aspects of legal custody sole without making a complete order for sole legal custody.

Our family law attorneys typically run into this in the context of medical and/or educational decisions when one parent is far better equipped or the other parent is merely unfit to deal with such issues.

California's public policy mandate of frequent and standing contact

California kid custody laws require that custody orders ensure the children accept frequent and standing contact with both parents and to share in the rights and responsibilities of raising the child. The exception to that rule is when such an guild is not consistent with the child's best involvement.

This frequent and continuing contact dominion is non specifically defined. It does not have specific elements that the court must follow. Once over again, the court is given discretion (notice how many times that word is used when referring to California child custody law?) to make up one's mind how much frequency and continuity should occur.

That however does not hateful that the family unit law judge can practice whatsoever he or she wants.

The judge cannot give preference to a gender, he or she cannot arbitrarily requite sole custody to a parent and must base of operations his or her decisions on the facts and law.

There are of form exceptions and nosotros accept already discussed some of them. One of the most mutual is the impact of domestic violence.

Sole legal and physical kid custody orders

Sole physical custody gives a parent the right to be the principal custodial and caretaker part.

Sole physical custody orders practise non necessarily accept away all parenting time from the noncustodial parent. Information technology is common for a sole physical custody order to be granted to one parent while visitation (parenting time) is ordered for the other.

Again, this is not a gender issue. Fathers tin can get sole (total) custody of children. Mothers can likewise become sole custody.

Sole legal custody orders give ane parent the sectional right to make decisions apropos a child's health, didactics and welfare.

That doesn't mean the parent who obtained sole legal custody gets to make all of the decisions at all times. That is because the parent who has visitation (but not custody) does withal take supervisory responsibilities while the child is in his or her control.

Sole legal custody orders are rare and non favored by California's child custody laws unless:

the noncustodial parent has committed sure acts of misconduct, or
has otherwise abandoned the child to such an extent that he or she should not be involved in important decision-making apropos the kid.

What is "primary" custody?

You lot accept probably heard the term "primary" physical custody. Those words really don't have a meaning under our child custody laws although they are often used by lawyers and judges.

Primary physical custody is the jargon used when the term sole physical custody becomes uncomfortable or offensive to a parent. Thus, the custodial parent is willing not to adhere the "sole" label to the custodial arrangement.

What are some common custody schedules that family law judges will order?

Family unit Courts have some commonly used custody schedules that are appropriate for certain custody cases.

Mutual for joint physical custody

Week on and calendar week off schedule.
2-2-3, which comprises of Monday and Tuesday to parent A, Wednesday and Th to parent B, Fri, Saturday and Sunday to parent A then a switch of that schedule the following week.
Fixed 2-2-3, such that Monday and Tuesday goes to parent A, Wed and Thursday to parent B, and Friday, Saturday and Lord's day alternate.
An extended every other weekend schedule whereby parent A has two weekday overnights, an every other weekend schedule that goes from Th to Sunday or Monday and the parents equally share the summer.

Common for sole or primary concrete custody

Every other weekend schedule from Friday to Lord's day or Mon to parent A plus one or ii weekday dinner visits that are non overnight.

Holidays and vacation

Depending on the age of the children, whether or not they are in school and the level of bonding and attachment, holidays are traditionally split equally betwixt the parents. Each parent is afforded a set number of vacation days per year with the children.

Will the family constabulary court split siblings in kid custody cases?

California child custody laws favor the preservation of siblings' relationship and bond with each other. Generally, a parent must provide significant testify to carve up siblings in child custody cases.

One of the more interesting cases that has come up downward on this issue was ruled upon in the yr 2004 and remains good law as of today. The case is called Marriage of Steiner and Hosseini.

In that instance, the Family Court ruled that the female parent had so badly poisoned the relationship betwixt the male parent and the older son that separating the siblings and giving the father custody of the younger son was possibly the only fashion to foreclose that kind of alienation from occurring with the younger son.

The Steiner and Hosseini instance is a practiced case of how parental alienation can destroy a parent-kid relationship and highlights in advisable cases and with the right testify, a Courtroom tin mitigate alienation and protect the children.

Filing your child custody papers

Ex Parte child custody orders

Graphic of parent threatening to abuse a child

Ex Parte (emergency) child custody requests for club are common in California. Unfortunately, well-nigh parents and far besides many lawyers bring these emergency child custody requests without the proper basis nether our child custody laws.

Emergency child custody requests are appropriate where there is a

threat of child abduction,
an actual abduction, or
other circumstances where the child is facing imminent risk of harm.

Notice the discussion "imminent." Find the word "damage."

Emergency child custody requests are not appropriate under kid custody laws only because a parent thinks that the court should address the issue immediately and when in that location is no threat of immediate harm to the child.

In cases where the need for the order does not involve imminent run a risk of harm to the kid only there is nonetheless an emergency that involves the need for a faster hearing, the family law courtroom does have the power to shorten the fourth dimension to set a hearing. In other words, the court can set a hearing engagement earlier than it ordinarily would.

In cases that involve domestic violence, emergency kid custody orders are advisable when the domestic violence is of a recent origin or is part of a demonstrated and continuing pattern. Sexual corruption of a recent origin or part of a demonstrated and standing design is also appropriate for emergency relief.

It is sometimes difficult to determine what is and is non an emergency. The communication of an experienced child custody lawyer is important considering non simply tin can emergency requests cost parents a lot of money in fees but bringing a frivolous emergency request may also damage a parent'due south brownie with the family courtroom.

Filing the child custody "asking for order"

If it is not an emergency, so information technology starts with filing a child custody request for order, whether that is for the initial request or a modification of a child custody order. They used to be chosen "orders to prove cause."

Requests for order are judicial council forms (preprinted forms where boxes are checked and information is provided) likewise equally (if you exercise information technology correct) detailed declarations nether penalty of perjury that lay out for the court:

what you want,
why it is in the best interests of the children for you to go what yous are request of the family law court, and
all of the facts and evidence backside information technology.

Sound like shooting fish in a barrel?

Information technology really is not easy. In cases that involve factual disputes or even legal ones, a well drafted annunciation is so important to giving your example the all-time chance for success. Do not take attention to item and good writing for granted. That is why our child custody attorneys are expert at what they practice.

Mandatory mediation

Omnipresence and participation in mediation

So the custody asking for order is filed and you lot at present accept a court date. Now what?

Look closely and you will find that you do not just have a court date but you also have a arbitration engagement.

What is courtroom ordered child custody mediation and how does it work?

Every contested California child custody and visitation case (not including domestic violence cases) must go through a mandatory courtroom mediation process. The same rules utilise in every single court inside the State of California. Our laws do not provide an exception to this dominion no matter how much a parent may call up the matter cannot settle or that mediation may be a waste of time.

Typically, one time you file your paperwork, the court volition assign a mediation date and you will be required to nourish and participate in the mediation process.

Notice, nosotros did non only write "attend". That is because good-faith participation in the mediation process is a requirement before the Family Court will take on and hear the custody case. A parent cannot simply sit in a mediation, with his or her arms folded and non participate.

At the same time, this does not mean the parents take to reach an understanding in arbitration. Practiced-organized religion disputes between parents regarding custody and parenting fourth dimension are normal.

Mediation too does non need to exist a one and y'all are out procedure. If the parents were unable to resolve the matter in the start mediation session but made good progress, the mediator can set a second session before the courtroom engagement for the parents to effort again.

"So what happens if the other parent fails to testify up?" Offset, the family police force judge gets mad. Second chances are typical only 3rd chances are not and if one parent refuses to attend or participate, that parent may not be given much of a voice at the child custody hearing.

Read our informative article titled, How Exercise I Ready for Custody Arbitration?

Is a child custody arbitration confidential?

California child custody laws state the advice with the mediator is a confidential one and protected by California Testify Code department 1040 and California Family Lawmaking 3177. There are exceptions which we volition hash out below.

Are lawyers involved in the mediation procedure?

Lawyers exercise not get involved and the parents attend mediation solitary. Part of the reason is because mediation is not really a place for advocacy but for attempt at resolution.

Excluding lawyers does not mean everyone else is also excluded from the process. In custody cases that involve domestic violence where the courtroom has issued a restraining gild, California kid custody laws give the victim a correct to bring a "support person" with them to the mediation session. In some counties, they split the parents.

Can the child custody mediator brand a study to the family unit constabulary estimate?

The answer is yes, where the local court has such a dominion. While we do not see this in every instance (and it is generally the exception and not the rule), the mediator may report to the judge his or her recommendations based on the conversation that took place in a mediation session. Yet, before doing so, the mediator must provide a recommendation in writing to both parents and the lawyers.

How does the family court handle child abuse allegations?

Family unit courts and California's child custody laws take child abuse allegations very seriously and then should you. The court has many options available to it when faced with an allegation of abuse to a child.

Typically, the allegation comes from one of the parents. When either parent makes such an allegation, the court can do any of the following:

Handle the matter in a hearing and take testimony of the parties and witnesses: These hearings can be lengthy peculiarly if the corruption has been ongoing for a significant catamenia of time or the abuse is serious.
Refer the matter to a social services bureau for investigation and reporting to the court: This is very common in Orangish County Family Court.
- Typically, if at that place is a serious corruption accusation, child protective services is involved and is conducting an investigation. The court gives deference, sometimes too much, to the social services agency and a liaison of that agency reports to the court.
Order a child custody investigation, called a CCI (common in Orange County): This is an in-house investigation that is conducted past an employee of the court who has social services and investigative education and experience.
- The kid custody investigator interviews the parents, witnesses and reviews any relevant documents. The investigator tin also asking documents and obtain them in anticipation of the court date. The investigator will so come to the court and make a report of his or her findings. The parents or the lawyers have an opportunity to acquit a cross-test of the investigator.
Appoint a child custody evaluator to investigate the allegations and report back to the court with recommendations: It is of import to notation that when there are general allegations of child abuse, the Family Court has wide discretion to appoint an evaluator. Nonetheless, if the court determines in that location has been a serious accusation of child sexual abuse, the court must order an evaluation cess or investigation pursuant to California Family Code 3118.
- Read more than about these evaluations in our guide titled, What is a 730 Evaluation?

How does the family unit court determine the all-time interests of the child in light of abuse or neglect?

Every bit nosotros discussed, California child custody laws place the greatest emphasis on health, safe, instruction and general welfare. The court therefore will await at a history of physical, sexual or psychological corruption by either parent.

Allegations of physical abuse, to withstand scrutiny, need to exist more than "he said, she said." In fact, the family police force court may require substantial independent corroboration of physical abuse. This includes reports from social welfare agencies, medical facilities, law enforcement, and other places that can verify the nature or extent of the abuse.

California kid custody laws require the courtroom to make certain factual findings before it makes a conclusion. These laws exist because our laws require parents be protected from faux allegations of abuse whenever reasonable, as false allegations are very like shooting fish in a barrel to brand and could, at least on a temporary basis, deprive an innocent parent from custody and visitation.

What if a parent makes false allegations of kid abuse?

Nosotros wrote an all-encompassing commodity about the bailiwick of false allegations of abuse in child custody cases.

It happens way also oft and, unfortunately, it is not punished enough.

Fortunately, family unit law has finally grown teeth in dealing with false child abuse and neglect cases. The law states any witness, party (which typically includes just the father and mother but may as well include others who were joined in the case, such equally grandparents), party'southward chaser who knowingly make a child abuse or neglect allegation that is false during a child custody proceeding may be monetarily sanctioned in a reasonable amount.

The sanction may include all of the costs that were incurred in defending against the false allegations and that includes the reasonable attorneys fees.

All of this is laid out in California Family Lawmaking department 3027.1. Learn more about this sanction on our folio titled, Sanctions for Imitation Abuse Allegations.

Supervised visitation for false kid sexual abuse allegations

The Family Courtroom has the discretion to club supervised visitation or otherwise limit a parent's custody and visitation. This occurs if the courtroom finds there has been substantial evidence the parent has fabricated a report of child sexual abuse during the custody proceeding, or at any other time, and the parent knew the study was faux.

The parent must have the intent to interfere with the other parent'southward custodial rights although such an intent is all but assumed when dealing with knowingly false allegations of sexual abuse.

Independent child custody evaluation

Appointment of a child custody evaluator

Graphic of man holding a report and a pen.

While they are typically chosen "730 evaluations" (named after California Show Code 730), that is a bit of a misnomer.

And then, what is a 730 evaluation? In short, there are several statutes that permit independent kid custody evaluations and one of them is department 730. Family Code 3111 is arguably the more important statute when appointing a child custody evaluator.

Regardless of the code sections, these kid custody evaluations take place with a court-appointed evaluator who is generally on an approved court list.

Orange Canton has its list of court approved kid custody evaluators and and so does Los Angeles County.

Most child custody evaluators are forensic psychologists although a Ph.D. is not necessary to exist an evaluator.

The purpose of an evaluation is to exercise a thorough and objective analysis of the parents, the children likewise equally the facts that have led to the contested case.

What does the custody evaluator really practice?

Evaluations usually involve:

psychological testing of the parents,
interviews with the parents,
children and any collateral witnesses,
review of documents,
other data submitted by the parents or the lawyers,
review of whatsoever medical or other psychiatric or psychological records, and
records from whatsoever police enforcement or social services agency, all of which culminate in a confidential study to the family unit court and the lawyers for consideration.

The forensic psychologist does not have the place of the judge. Our State's child custody laws do non permit such delegation of judicial responsibility. He or she does nothing more than make recommendations to the courtroom. However, the Court does accept those recommendations seriously and the Courtroom has the discretion to give the recommendations great weight.

Great weight all the same does not mean blindly post-obit the recommendations and making them an order. There is a difference despite what some within the family law community may retrieve.

When is a child custody evaluator appointed?

A contested kid custody instance starts with the filing of a asking for order by one parent. Once the other parent has filed a responsive annunciation (substantially an opposition) to the asking for order, the family law court has the discretion to appoint an evaluator.

What issues does the evaluator comprehend?

An evaluator does not get to comprehend whatever and every result he or she wants. The Court guild governs the scope. The guess in its order will tell the evaluator what problems the court wants the evaluator to wait into and report back to the Courtroom.

The orders are usually broad and will cover issues such every bit a proposed parenting plan, which of class would include the specific schedule the evaluator recommends.

The child custody evaluator'southward study

Typically, at least 10 days earlier the contested child custody hearing, the courtroom appointed evaluator files with the court clerk and serves on the parents, or the parents' lawyers if they are represented by counsel, his or her confidential report. These rules are field of study to alter by court order.

The confidentiality of the report is a significant factor in the procedure and closely regulated by California child custody laws.

Family Lawmaking 3025.5 limits disclosure of the report.

If there is a violation of the confidentiality, the court has the discretion to monetarily sanction whatever person who made an unwarranted disclosure of the written report.

Is the written report admissible evidence?

Based on recent California law, it is more difficult to receive a report into evidence absent each spouse (or their corresponding lawyers) consenting to such admissibility.

This issue is then prevalent that some judges refuse to appoint a child custody evaluator unless the spouses or their attorneys consent to such admissibility.

Even if the Court receives the report into evidence, that does non in any way foreclose either parent from subpoenaing and requiring the evaluator to come to court and to cross-examine the evaluator on his or her recommendations.

Of course, there is a cost with that and the parent issuing the subpoena by and large has to deport the brunt of the cost. For most evaluators, this toll will be in the thousands of dollars.

How is the custody evaluator paid?

Evaluators are paid professionals. The Courtroom will usually order one or both parents to accept the responsibility of payment.

Typically, the court will look at all of the relevant circumstances in determining whether or not 1 or both parents should pay for the evaluator's services. Allocating the cost depends on each parent's need and ability to pay as well as the nature of the allegations (who is making the allegations, what evidence is at that place in support of it, etc).

Regardless of what the family court orders in advance, the court has the discretion to reallocate the costs of the evaluation. That means, at the cease of the example or evaluation, the court can society:

one parent to reimburse the other parent,
split it 50/fifty, or
order one parent to pay for the entire cost of the evaluation.

How does the court engage a lawyer for the children?

The Court has the discretion to appoint a lawyer for the child in certain custody cases.

Back to the best interest standard, if the court determines that a lawyer (traditionally called "minor'due south counsel") should be appointed for the child or children, California kid custody laws give the court the discretion to brand that order.

We see such appointments in cases where the issues are not significant enough to get a court ordered evaluator involved but still need an investigation which includes an interview with the children, review of documents and any witnesses.

Distinguishing between pocket-size's counsel and a custody evaluator is important

A small's counsel is not really in a position to do a psychological assessment of the situation and give a recommendation to the court based on such analysis. The lawyer appointed for the kid is more of an investigator of the facts to make up one's mind how serious the issues are and what, if whatsoever, changes need to take identify to the status quo custody and visitation arrangement.

Things that the family court takes into consideration include:

how contested or complex the issues are,
what effect it is having on the children, and
whether a lawyer appointed for the children could provide the court with the relevant information that it needs to make decisions.

Is minor's counsel appropriate in a kid preference case?

Minor'south counsel is probably most often used in kid preference cases. When a child desires to have his or her preference heard, the Courtroom appoints a pocket-size's counsel to present to the family law judge the kid's wishes.

Is pocket-size's counsel a good idea in abuse cases?

There are varying opinions as to whether or not minor'south counsel is appropriate in physical, emotional or sexual corruption cases. Our family law lawyers believe that the answer to this question largely depends on the individual facts of each case.

The more serious the abuse allegations are, the more than a kid custody evaluator (preferably an experienced psychologist) may be necessary. The seriousness of the abuse likewise includes how recent in fourth dimension information technology is and how likely information technology is to be repeated, which requires an analysis of the parents' history of abuse or neglect.

The attorney-client privilege applies to cases involving small-scale's counsel

Considering minor'due south counsel has an attorney-client relationship with the child, all of the typical aspects of that relationship and the protections that go with it are included within the human relationship. This includes attorney-client confidentiality. If the parent does not like what a modest's counsel has to say, that parent cannot telephone call the child'due south lawyer as a witness in the case.

How is minor's counsel paid?

How a pocket-sized'southward counsel is paid and which parent pays for it is within the discretion of the court and dependent on both the issues (allegations, need for small's counsel, cooperation with him or her) as well every bit the needs and ability to pay of each parent. The court also has the discretion to prepare the bounty of minor'southward counsel so that it does non become an unreasonable financial burden on the parents.

Tin the family law gauge order a parent to attend counseling?

Graphic of counselor speaking with a child over a virtual meeting

So long as the courtroom has the proper statutory reasons for doing and so, the court tin can require one parent, both parents or 1 or both parents and the child to participate in counseling with the appropriate professional.

California Family Lawmaking department 3190 addresses this result and does limit the counseling to outpatient services.

What are those requirements for the Courtroom to take the discretion to society counseling? California child custody laws require the dispute between the parents pose a substantial danger to the kid'southward best interest and for the courtroom to deem the counseling order to exist in the child's best interest.

The duration of this counseling may be upward to a one year period of time and the price of the counseling, including its allotment, is well within the court's discretion.

Medical and mental health record disclosure

Does a parent accept a right to privacy in his or her medical and mental health records in a contested kid custody case?

The need for mental health and medical records sometimes collide with California child custody cases.

If a parent's mental health is an outcome in the case, the court has the discretion to order that parent to submit to a mental exam.

This is fairly unique in family police cases and is really reserved for those situations where a formal child custody evaluation is non the amend choice because the court-appointed psychologist will oftentimes behave a psychological examination of both parents.

Similarly, ane parent's medical or mental health records can become a contested issue in a child custody example. Here we run into a general rule and the exceptions to it.

Every bit a general rule, a parent'southward medical condition does non let the other parent the correct to obtain the medical records through the discovery process and use them in the custody example.

Graphic of a woman and therapist speaking while sitting in a chair

The discovery process is a procedure in which information is formally gathered in the divorce and/or child custody litigation. Information technology includes, as one example, subpoenas to medical providers. There are still exceptions.

Permit's assume for the sake of this discussion that the parent who is resisting production of the medical records is the father.

If the father has directly made his medical or mental health condition an issue in the case, then he is more often than not accounted to have waived the doctor-patient or psychotherapist-patient privilege that protects disclosure of the records.

In other words, the father cannot on the one hand make his medical condition an issue and, nether the other, claim a correct of privacy to prevent production of those records.

Making that medical condition an outcome has to be direct. It is not enough that, using our hypothetical, the mother has fabricated it an issue and the father has responded to the mother's allegations.

Waiver of privacy rights or privilege

Like most privileges in California, the doctor-patient or psychiatric-patient privilege can be waived.

Waiver tin come in a variety of forms just one of the more common ones is by agreement.

Some other grade of waiver is having the other parent involved in the actual consultation or meeting with the doctor or therapist. And then, for example, if the father in our hypothetical had the mother in the room when the discussion took place with the doctor almost the father'south condition, that may act as a waiver of the doc - patient privilege.

Will that happen every time?

The rules are not that blackness and white and the nature and extent of the mother'due south involvement in the communication and the necessity of her presence (versus convenience) would need to exist explored.

What if the information is important to evaluation of the child custody case?

Some other broad exception involves the need for the data actually outweighing the right to privacy.

The court is mandated by California child custody laws to protect a child's best interest. If ane parent has a medical or mental health condition that has an bear on on the child'south all-time interest, that affect and necessity for the information may outweigh any privacy interest that exists. This is very common in substance corruption cases including the abuse of prescription drugs for a known medical status.

Even in such situations, the parent may still have a limited right of privacy in the manner the information is disclosed and to whom it is disclosed. For example, the judge can exercise the post-obit:

gild only part of the records to be produced,
review the records "in-photographic camera," which ways the estimate will be the only i that sees the records before you lot she makes a determination, or
issue protective orders that go on dissemination of the records to the parties and lawyers or places other limitations on their production and use.

Substance abuse

We take written an extensive article most this subject area and specifically on the issue of drug and alcohol testing in child custody cases. We hope you enjoy reading that article.

Evidence that one parent is habitually or continually using illegal drugs, abusing booze or abusing controlled substances such equally prescription medication does gene into the court's determination-making procedure.

Abandonment of a child and affect on child custody rulings

The fact a parent has abandoned his or her obligation to financially support the children tin can be taken into consideration when assessing the fitness of that parent as a custodial one.

That means if a parent seeks to become the primary custodian of a child, his or her abandonment and failure to support the children is a gene the court can counterbalance when assessing the children's best interest.

Criminal convictions

Graphic of parent threatening to hit a child

Certain specific child abuse crimes, including but not limited to those that require registration as a sex offender, trigger a whole different standard pursuant to our land's statutes.

In such situations the court must not honour custody or unsupervised visitation to a bedevilled parent unless the court makes a finding that there is no significant risk to the kid. California child custody laws are strict in such cases.

The laws regarding registration equally a sex offender include those situations where the parent has residing in his or her business firm a registered sex offender as a result of a felony conviction, where the victim in that offense was a minor child, although not necessarily the small-scale child that is part of the instance.

California Family Code department 3030 states that this felony conviction shall be bodily show that the kid is at meaning take chances and a presumption is created that it is not in the child'due south best interest to take unsupervised contact with this private.

What about other crimes that are not child related?

California courts should non turn a bullheaded center to a parent's criminal history and record.

When a parent has a pregnant criminal history, including simply not limited to ane that involves violence or substance abuse, the family law judge has the discretion to take that into consideration when assessing the kid's best interest.

The Court also considers whether the parent with the criminal history should receive joint legal and physical custody, or significant time with the children.

However, such a finding does crave the parent pose a gamble of impairment to the kid. Information technology is not enough to point to a parent's history and based on that lonely conclude or assume that the parent is a danger to the child. Like most issues, the stop result does depend profoundly on the private facts of the case.

Threatened or bodily abduction of children

Abduction and Family Code section 3048

California Family unit Lawmaking department 3048 addresses the issue of abduction. The court must consider the following factors when evaluating the risk:

Has the parent previously taken the child away, or enticed, withheld or concealed the kid in violation of the other parent'due south custody and visitation rights?
Does that parent lack strong ties to the State of California?
Does that parent have strong familial, emotional or cultural ties to another state or another country?
Does the parent accept financial reasons to stay in California? Courts typically will wait at the parent'due south employment, both the nature and extent of it, and whether the parent tin can work from anywhere, is financially independent, or whether that employment is or is non strongly connected to the Country of California.
Has a parent engaged in activities that are consistent with planning a removal of the kid. This tin include selling a residence, terminating a lease, quitting a task, closing bank accounts or liquidating avails, applying for a passport, purchasing airline tickets or making other travel arrangements likewise as related flight risk factors. Information technology is rarely one factor or some other. Information technology is the culmination that matters.
Does that parent have a history of parental noncooperation, child abuse or the domestic violence?
Does a parent accept a criminal record?
The focus of California Family Code 3048 and the cases that have interpreted it is to forbid the unlawful removal of children in violation of the other parent's rights. It does not apply to situations where victims of violence, including domestic violence, escape their abusers with the children. However, simply making an allegation of domestic violence and taking a kid does not shield that parent from our rules. The threat of violence or the violence itself had to be provable.

What is the California family unit court's discretion when making orders against child abduction?

California child custody laws state the court may practise the following:

Order supervised visitation, which is typically professional as opposed to a family fellow member or a friend,
Require a parent to post a bond as a means of financial deterrent,
Brand orders that restrict the parent from removing the kid from the Land
Identify restrictions on travel,
Require the parent to surrender travel documents such as a passport or anything else that the court deems is necessary,
Forestall a parent from applying for a new or replacement countersign,
Brand orders that require the parent to notify a foreign consulate or embassy of the passport and travel restrictions,
Require the parent to register the California custody guild in the other state (or state, if the land volition practice so and will comply with California'due south child custody laws),
Brand orders that require the traveling parent to provide an itinerary, copies of circular-trip airline tickets, a list of all the addresses and phone numbers that the child tin can be reached and even an open airline ticket for the parent who did not travel in the event the child is not returned in violation of the courtroom order.
The court may likewise include in the child custody order provisions that facilitate using the Uniform Child Custody Jurisdiction and Enforcement Deed (called the UCCJEA) as well as the Hague Convention on the Civil Aspects of International Child abduction.

Regarding the issue of the Hague Convention, that tin can get complex depending on whether the other country is a signatory to the Hague Convention. That volition be the bailiwick of a future article where we will discuss in more than detail the aspects of child abduction and family law cases and how the Hague Convention can assist in the recovery of the kid.

Savour this in-depth expect at California's child custody laws?

Graphic of two women speaking over a conference room table

We hope and then. It's why we wrote this for you.

Please remember you cannot obtain legal communication from reading pages like this, no matter how informative you think they may exist.

Legal advice tin can only come from speaking with a California family law lawyer, preferably ane who is experienced in child custody and divorce and the issues you face up.

Every factual state of affairs is unique and yours deserves an affordable strategy session with a skilled family law attorney.

We offer an affordable strategy session to mothers and fathers who need experienced and effective family unit police representation.

Our strategy sessions are designed to get into the details of your situation and evaluate your facts and the awarding of California law.

We can brainwash you on what facts matter, what issues may be contested or uncontested and what your reasonable expectations should be throughout the process.

Our family unit law firm has offices in Orange County, Los Angeles and San Diego.

Our side by side guide is almost parental alienation in California. We also provide yous with boosted reading linked below.