California Child Custody and Child Visitation

In California, the needs and interests of the child are what courts take into primary consideration when deciding California child custody and child visitation rights. When it comes to raising children, courts prefer that the parents of the child compromise on a plan. However, courts will intervene if the parents cannot come to a compromise and do what is in the best interests of the children. Due to the importance of child custody and child visitation rights, one should consult a California child custody attorney.

California Child Custody

Due to the primary importance placed on the best interests of the child standard, if no compromise is made between the parents, courts will take the following factors into account when establishing a child custody order:

• Health, welfare, and safety of the children
• History of abuse by the person seeking child custody against: i) any of his or her children or children that he or she has taken care of; ii) his or her spouse; iii) a parent, current spouse, or cohabitant.
• Child's nature and amount of contact with both parents
• History of substance abuse or alcoholism by the person seeking child custody

After taking these factors into consideration and before making an order granting child custody to a parent, the court must find that granting custody to that parent would not be detrimental to the child's best interests. If this investigation finds that granting child custody is detrimental, then in order to gain custody, that parent must provide a preponderance of evidence showing the contrary.

In addition to the information above, there are a few notable provisions regarding California child custody:

• If one of the parents with custody of the child decides to change the address of the child for more than 30 days, he or she must notify the other parent.
• If allegations of child sexual abuse arise during a child custody proceeding, the court may take any measures it deems reasonable to secure the safety and well being of the child until an investigation is completed.
• A court may limit a parent's custody of a child if substantial evidence shows that such parent knowingly made a false report of child sexual abuse.

If you have any questions or concerns when going through California child custody proceedings, it is highly advised that you consult a California child custody attorney.

California Child Visitation Rights

In regard to child visitation, these rights refer to the noncustodial parent's (the parent without custody) rights to visit and spend time with his or her child. Courts in California will provide reasonable visitation rights to a parent unless doing so would be detrimental to the child's best interests.

If one of the parents has a protective order against him or her, then the court will consider that his or her visitation rights be altered by requiring a third party (appointed by the court) to be present during the visitation sessions. Furthermore, if there is a history of domestic violence between the couples, then the court will order a specific time, place, and manner that the transfer of the child for visitation will be made so as to avoid excessive contact between the former couple.

Visitation rights will be considered by the following standards: a) the best interests of the child and safeguarding the rights of the child to have continuing contact with both parents; b) facilitation of the family's transition to the new situation; c) conducting of negotiations as to provide equal power to each parent; and d) standards developed by established associations of mediators and attorneys and other relevant standards governing mediation of proceedings for the divorce and annulment cases.

Due to the variety of provisions applicable to California visitation rights, it is imperative that you consult a California child custody attorney before any proceedings.

California Family Code

1. California Child Custody

1. Family Law, Div. 8, Part. 1, Chp. 2 §§ 3010-3011, 3020-3032, 3040-3048.

2. California Visitation Rights

1. Family Law, Div. 8, Part. 1, Chp.2 §§ 3100-3105, 3160-3165.