Divorce and child custody laws in California must be followed if you have been a resident of the state for at least three months leading up to the divorce. The state, like most states, has specific laws regarding how child custody is structured as well as how the process is determined. Although it is not a requirement, it is highly recommended that individuals use an attorney to represent the individual in any child custody case.
Visitation and Custody Laws
In the state of California, the court determines child custody based on the “best interest” of the child. It will listen to and most often agrees with any arrangements made by the parents in advance of the divorce proceedings. If parents cannot come to a decision about primary custody or about visitation rights, the court will take into consideration the following aspects when making the decision:
- The court will try to determine which parent will give more or long term contact with the noncustodial parent. The court wants both parties, when it is safe, to have access to the child as much as possible.
- The history of the contact between the child and each of the individual parents
- The welfare of the child, especially in regards to the child’s health and safety
- The state of the parents, including the mental and physical health of the child, and any illegal or addictive behavior
- Any evidence that one or more parents has been abusive to the child
- The child’s preference is considered as long as the child understands and is intelligent enough to make such preferences known.
It is always advisable for both parents to come together before any legal proceeding to try and work out a solution together. Both parents have the best intentions for the child, but both often need to compromise to see results. The use of mediated divorce can sometimes help parents to make these difficult decisions together without involving the courts. When this is not possible, the court will take into consideration all information provided and then will make a legal ruling in the case.
Hire An Attorney
In situations where there are potential problems and when both parents cannot agree, it is best to have an attorney by your side through the process. An attorney will help you to present yourself in the best way possible to the court in the hopes of winning child custody. In some cases, out of court agreements can also be forged by attorneys.
