Child Custody

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Navigating the complexities of child custody can be a daunting task, especially in cases where there is no court order in place. In California, the rules and regulations surrounding child custody without a court order can be particularly challenging. It is important for parents to be aware of their rights and responsibilities in order to ensure the best interests of their children are met, as custody arrangements can significantly impact the child's life. Because California follows the “best interests of the child” standard under Family Code §3011, custody outcomes depend…

Quick Answer A guardian ad litem (GAL) in California is a court-appointed representative who advocates for a child’s best interests in family law and civil cases. California Code of Civil Procedure Section 372 authorizes courts to appoint a GAL when a minor or incapacitated person is involved in legal proceedings. The GAL investigates the situation, speaks with the child and relevant parties, and makes recommendations to the court about what arrangements best serve the child’s welfare. Key Takeaways A guardian ad litem is a neutral, court-appointed advocate who represents a…

Child custody orders are entered in cases where a family dispute, such as divorce, involves the visitation and custody arrangements of children. There are three types of custody orders in California – emergency, interim, and final. Emergency Custody Orders An emergency order, sometimes referred to as an ex parte order, is granted only in limited circumstances. These orders are reserved for urgent or emergencies because the process is expedited, and the other parent cannot present evidence to the judge at an ex parte hearing. The requesting parent must notify the…

Custody orders in California are legally binding court documents, also referred to as legal documents or a child custody order, that establish the custodial rights and responsibilities of each parent. These orders typically address both custody and visitation arrangements, defining physical custody (which determines where the child resides) and legal custody (which governs who makes important decisions about the child’s life). California Family Code governs custody orders and emphasizes the best interests of the child in its application. Violating these court orders can result in serious legal consequences and significantly…

If a couple with children divorces and one parent has a history of drug use or abuse, it can affect the child custody determination process. There are numerous variables involved in the case, any of which can affect the outcomes. Here's what you need to know. What Do California Courts Take Into Consideration Regarding Drug Use in Child Custody Cases? What California courts look for first and foremost in any child custody case is what's in the child's best interests. One of the primary best interests will be the child's…

It's well known that mothers usually get custody of minor children when a couple divorces. However, "usually" does not mean "always." In the U.S., mothers comprise nearly 80% of full custodial parents. Note that half of those cases had both parents agreeing that the mother should have that custody. With almost 20% of fathers receiving full custody and other cases in dispute, it's good to learn about the law and what your options are. How Does California View Custody Rights? In California, fathers have the same rights as mothers do…

Spousal support orders, child support orders, and child custody/visitation orders are some of the few modifiable final judgments in California. But the courts can easily throw out a child custody modification case if it does not meet the threshold of “proper or necessary.” Therefore, understanding the acceptable grounds for amending the schedule is critical in petitioning a winning case in court. And as Orange County family law attorneys, we understand that your child deserves to grow up in the best possible environment, and it is your duty to make sure…