Child Custody

How to Get Sole Custody of a Child in California

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Determining custody of your child can be a stressful time. While the state of California prefers joint custody which allows the child to spend time with each parent, sometimes sole custody is what is best for the child. A child custody attorney can help you navigate the process and ensure the best interests of your child are represented. Physical vs. Legal Custody There are two types of custody in California: physical and legal. Physical custody refers to who the child lives with. Legal c...
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What Should Be Included in a Parenting Plan?

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When parents separate or divorce in California, creating a comprehensive parenting plan is essential. A parenting plan outlines how both parents will share responsibilities and make decisions regarding their child’s upbringing. Courts in California encourage parents to develop a mutually agreed-upon plan, but if they cannot, the court will step in to make custody and visitation decisions based on the child's best interests. Here’s what should be included in a parenting plan: 1. Physical C...
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How to File a Restraining Order in California

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If you or someone you know is navigating such a dangerous situation, it’s essential to seek the appropriate support and resources available. A restraining order (also called a protective order) is a legal tool designed to protect individuals from harassment, threats, abuse, or violence. In California, there are different types of restraining orders depending on the relationship between the parties and the type of harm involved. If you are seeking legal protection during a high-conflict divorce ...
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Child Custody in California: Married vs. Unmarried Parents

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Child custody is one of the most critical legal issues for parents who are no longer together. In California, custody laws apply to both married and unmarried parents, but the legal processes and presumptions can differ significantly. Understanding these differences is essential for parents seeking custody arrangements that serve the best interests of their children. Married Parents When married parents separate or divorce, both parents are presumed to have equal legal rights to their chi...
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Adoption and Child Custody

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Navigating a Child Custody dispute can be distressing as the outcome is often integral to your child’s safety, sense of security, development, and overall well-being. When a parent is navigating this with an adoptive child, further questions regarding their rights and limitations may arise. It is important to note that, often, your rights as an adoptive parent are the same as those of birth parents. The court's priority is the best interest of the children which is prioritized ahead of many fac...
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How to Determine What is the “Best Interest of the Child” as to Custody Under California Family Law

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In California, the determination of the best interests of the child in custody cases is governed by several statutes and case law principles. The primary legal standard is the "best interest of the child" standard, which allows the court wide discretion to choose a parenting plan that serves the child's best interests In re Marriage of Burgess, 13 Cal.4th 25 (1996)) Factors to Determine, “Best Interest of the Child”.  Key factors that the court must consider in determining the best i...
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Handling Harassment During Your Custody Case

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Child custody cases can be emotionally charged and stressful, especially when one parent uses harassment as a tactic to gain control or manipulate the situation. Harassment during a custody case not only affects you as a parent but can also create a toxic environment that negatively impacts your child’s well-being. It's essential to recognize when another parent's behavior escalates to the point that legal intervention is necessary. Knowing how to document specific incidents and navigate the co...
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Unfair Child Support Payments: Your Legal Options

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In California child support payments are calculated based on a formula provided in the Family Code section 4055,  which is presumed to protect the child’s best interest. However, this is a rebuttable presumption, and the parent has a right to prove to the court that the formula would be unjust or inappropriate in their particular case. Cal. Fam. Code § 4057.  A court may decide to vary from the statutory guideline in exceptional circumstances such as, when a person qualifies for a ...
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Child Custody: Your Options if Your Child is in Danger

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For some parents, co-parenting comes with the terrible reality that the person a child needs protection from is the other parent. When a parent is engaged in actions that endanger your child having changes made to parenting time and the child custody arrangement is crucial.  What Can I Do? Protecting children and their right to be safe and free from abuse is the court's “primary concern”. In cases where children are involved, the court aims to ensure that they have regular and ongoin...
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How to Prove that You Are Fit for Custody

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Child custody cases in California often involve a thorough evaluation of each parent's ability to provide a stable, nurturing environment for their child. A court will not place a child with a parent they find unfit for custody. In the event that you need to prove your parental fitness to the court, a child custody lawyer can help you navigate the process. What is an “Unfit” Parent? In California, the term "unfit parent" is not used by courts lightly. An unfit parent is one who fails to p...
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