Tag: <span>Full Custody</span>

What is the Best Interest of the Child in…

July 17, 2019July 17, 2019
by Angie

What is the best interest of the child in California? If you’re like many people, you’ve heard that phrase before – but what does it mean, and how does it apply?

Here’s what you need to know.

What is the Best Interest of the Child in California?

When you hear the term the best interest of the child, it’s generally about child custody. When the courts have to make a determination on custody, such as where a child will live and which parent will make important decisions about the child’s life, the judge has to look at what’s best for the child.

The courts recognize that children’s health, safety and welfare are the most important things. The courts also recognize that kids benefit from frequent and continuing contact with both parents.

Some of the factors the courts will look at when determining the best interest of the child in California include:

The child’s age
The child’s health
The emotional ties that each parent shares with the child
Each parent’s ability to care for the child emotionally, physically or financially
Whether there’s a history of family violence or substance abuse
The child’s ties to home, school and community

Ultimately, what’s best for the child will win the day in court.

The Best Interest of the Child in California: Full vs. Joint Custody

California custody laws provide parents with the opportunity to work out their own custody agreements. As long as the agreement the parents reach is fair to everyone involved – and especially to the children – the judge is likely to sign off on it. However, sometimes the courts have to intervene and make a determination on custody on their own. This can happen when the parents simply cannot agree, even with mediation, or when the court has information that shows a certain arrangement would be better for the kids involved.

There are two main types of custody: legal and physical.

Legal custody refers to a parent’s authority to participate in major decisions about the child’s health, education and welfare.

Physical custody refers to the child’s physical presence with a parent.

Most parents share legal and physical custody – that’s called joint custody. However, in some cases, only one parent has legal custody. Sometimes only one parent has legal and physical custody, too. Usually, that happens when:

It’s in the child’s best interest for only one parent to have those rights and responsibilities
The parents have proven to the court that they are unable to make decisions together
One parent is unfit
One parent is incapable of making decisions or of caring for the child

Modifying Custody Because it’s in the Child’s Best Interest

Sometimes the court will enter an order when parents split up, but later, the order stops working as it should. For example, if the parents are supposed to share physical custody of the child, but one parent moves across the country, the custody order will need to be modified. Another example might be if one parent is putting the child in a dangerous environment, or if he or she is failing to properly care for the child.

Custody orders can be modified, but you’ll have to ask the court to agree to a new plan. Your attorney can file the appropriate petitions and walk you through the process.

Do You Need to Talk to an Attorney About Custody and the Best Interest of the Child in California?

If you’re going through a divorce, or if you need to change your custody agreement, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

What is a Motion to Modify Custody?

June 22, 2019August 4, 2020
by Angie

If your child custody arrangement isn’t working out – or if it’s no longer in your children’s best interest – you may be able to file a motion to modify custody.

But what is a motion to modify custody, and how does it work?

Here’s what you need to know.

What is a Motion to Modify Custody?

A motion to modify custody is a legal document your attorney can file with the court on your behalf. (A motion is a request for the court to do something.)

The judge assigned to your case will look at your motion and make a decision based on what’s in your child’s best interests. In order to file a motion to modify child custody, you have to have the legal grounds to do so.

What Are the Legal Grounds to Modify Custody?

If you want to change your custody agreement, you’ll have to show the court that there’s been a change in circumstances. That change in circumstances must make your current agreement unworkable. Some common reasons people file a motion to modify custody include one parent:

Needing to relocate because of work or personal reasons
Exercising religious practices that are harming the child
Putting the child in a dangerous environment
Preventing the other parent from seeing the child
Failing to properly care for the child

These aren’t the only reasons people have for changing their custody arrangements – they’re just some of the most common. If you feel your circumstances (or your child’s circumstances) have changed enough to justify asking the court to modify your order, talk to your attorney. He or she can explain how the court might view your request, as well as file the appropriate paperwork.

Related: What is full custody?

When Can You Ask the Court to Modify Your Custody Arrangement?

You can ask the court to modify your custody arrangement any time there’s a significant change in circumstances. As long as the judge in your case has issued a custody order, you can file a petition to change it.

What Should You Include if You Ask the Court to Change Your Agreement?

If you would like the court to change your agreement, you’ll need to come up with an alternative. Prepare a plan that details scheduled visits and all the other changes you want to make. That way, your attorney can get it on the judge’s desk – and the judge can make a decision based on facts.

You’ll have to explain why you think it’s necessary to change the existing order. If your child’s other parent disagrees, he or she will have the opportunity to say so (and explain why).

Your attorney will be able to give you guidance on modifying your custody agreement, and he or she might even suggest that you talk to a mediator so you and your spouse can agree.

Does Your Child Have Any Say?

In some cases, the courts will take the child’s preference into consideration. Typically, though, the judge won’t allow very young kids to state a preference for living with one parent or the other. If your child wants to have a say in the matter and the court allows it, the judge will consider your child’s:

Age
Maturity level
Intelligence level
Motivations

What if the Proposed Plan Isn’t in Your Child’s Best Interests?

The court’s main concern is always the best interests of the child. That means that if you submit a proposed change that isn’t best for your child, the court can – and will – kick it back and tell you to try again. Remember, the legal system in California is set up to protect children… and the law recognizes that a child has a right to both of his or her parents.

Do You Need to File a Motion to Modify Child Custody?

If you need to ask the court to change your custody agreement, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can also help you with issues related to parentage and child custody, spousal support and other divorce issues.

Child Custody

Grounds for Full Custody of a Child

June 17, 2019August 4, 2020
by Angie

What are the grounds for full custody of a child? You might be surprised to learn that the courts determine custody on a case-by-case basis, and even the smallest factors play a role.

Grounds for Full Custody of a Child: What California Law Says About Parenting

The state of California recognizes that children, when possible, have a right to access to both of their parents. The only cases in which one parent has grounds for full custody of a child occur when it’s in the child’s best interest.

What is Full Custody?

When people say full custody (or sole custody), they’re usually talking about legal and physical custody.

Legal custody refers to a parent’s ability to make decisions about his or her child’s welfare. That can include things like where the child will attend school, whether the child will engage in religious activities (and which religion the child is part of), and whether a child should receive some types of medical care (not counting emergencies – just routine care, like getting braces at the orthodontist).
Physical custody refers to where a child will live, both during and after his or her parents divorce or separate. Physical custody is a lot different from legal custody – the parent who has physical custody has the right to have the child in his or her home.

Most people have a joint custody arrangement, with both parents sharing legal custody – the right to make important decisions about the child – and joint physical custody, in which the child spends plenty of time with both parents.

However, there are some cases in which it’s appropriate to give full custody to one parent. In cases like those, only one parent has the right to make all the major decisions about health, education and welfare. The child only lives with one parent, too, although the other parent can enjoy visitation rights.

Related: Full custody information

When Are There Grounds for Full Custody of a Child?

When one parent is incarcerated, for example, or he or she is in a drug treatment program or has been proven an addict, the other parent may ask the court for full custody of the child. Other cases might involve:

Sexual abuse
Physical abuse
Abduction
Neglect
Domestic violence
The violation of court orders
Parental alienation

What if You Want Full Custody?

If you want full custody of your child or children, you need to let your divorce attorney know – and you should be prepared to provide valid reasons that the other parent should not be allowed to make decisions about the kids’ health, welfare and education. You can’t simply say, “My wife cheated on me, so I don’t want her to have the kids.” (Well, you can say it – but a judge is unlikely to see eye-to-eye with you based on that alone.)

Your attorney will most likely encourage you to try to reach an agreement with your spouse rather than telling you to fight things out in court. There are a couple of reasons for this, and one of them is that litigation (going to court to fight) is a lot more expensive and time-consuming. If you and your spouse can reach an agreement – either that one of you will get full custody or that you’ll share joint custody – you won’t have to fight in court.

Remember, though, that the judge will only sign off on your agreement if it’s in your child’s best interest. Even if you think you have grounds for full custody of a child, that decision rests with the judge in your case. That means if you and your spouse agree that one of you should have full custody, but the court doesn’t believe it’s in your child’s best interest, you’re going to have a joint custody arrangement.

Do You Have Grounds for Full Custody of a Child?

If you believe you have grounds for full custody of a child and you’re splitting up with your spouse, we may be able to help you.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can help you with issues related to parentage and child custody, spousal support and other divorce issues.

Divorce

How Can I Get Full Custody of My Kids?

May 14, 2018June 8, 2020
by Angie

“How can I get full custody of my kids?”

As Stockton family law attorneys, we hear that question frequently – but the answer isn’t as simple as it seems.

How Can I Get Full Custody of My Kids?

Courts in California generally recognize that kids benefit most from a good relationship with both parents, even when those parents don’t get along with each other. There are some exceptions, such as cases in which one parent has been abusive, but for the most part, children have a right to have relationships with both parents.

What Do You Mean When You Say Full Custody?

When most people say “full custody,” they typically mean sole custody – a situation in which one parent has legal and physical custody of the child but the other parent does not.

Legal custody is a parent’s authority to make decisions about a child’s education, his or her religious upbringing, health and general welfare.

Physical custody refers to a child’s physical presence with a parent.

Sometimes parents only mean to say that they want full physical custody of their children while the other parent is entitled to visitation. If that’s the case in your situation, your divorce attorney may encourage you to

Requesting Full Custody: What the Courts Need to See

If you’re requesting full custody of your kids, you’ll have to provide the court with a compelling reason your children’s other parent shouldn’t share custody with you. You can’t expect the court to just take your word for it; in fact, you’ll have to prove that there is a valid reason that your ex shouldn’t be part of your children’s lives.

Some of the cases that cause courts to rule entirely in one parent’s favor when it comes to full custody include:

Child abuse. In cases where there is documented child abuse, the courts may grant the non-abusive parent full custody. It’s important that you have documentation to back up your claims, such as photos or police reports, when you’re accusing the other parent of abuse. Remember that false allegations can destroy your credibility, however, and that the court may question your ability to foster a loving relationship between your children and the other parent if you are willing to make false allegations of abuse.
Domestic violence. From the Administrative Office of the Courts: “If a court decides there is domestic violence (now or in the past 5 years) against a parent or the children, the judge must follow special rules to decide custody of the children. Usually, the judge cannot give custody to the person who committed domestic violence. But the judge can give that person visitation.” (Even then, the judge may still be able to give custody to the person who committed the domestic violence.)
Drug or alcohol abuse. The courts can consider substance abuse in a custody dispute, which includes the abuse of prescription medications, street drug use, or alcohol abuse. However, just the allegation (or even proof) that the other parent has used drugs or abused alcohol isn’t usually enough to support a full custody claim. Usually, the other parent must frequently, habitually or continually use illegal drugs or abuse alcohol. (The court may limit parenting time or create other orders that protect the children due to occasional drug use or alcohol abuse, however.)
Abandonment. If one parent has abandoned the children, the courts may recognize that there hasn’t been any bonding between the kids and that parent. In cases such as those, it wouldn’t be in the kids’ best interests to share custody – especially if the other parent is unreliable and may drop right back out of the children’s lives.

Do You Need to Talk to an Attorney About Child Custody?

If you’re still wondering how you can get full custody of your children during your divorce, we may be able to help you. Call us at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your children the best possible outcome.

Child Custody

What is Full Custody?

January 2, 2018January 17, 2019
by Angie

If you’re like most parents going through a divorce, one of the most pressing issues you’re facing is child custody – and you’ve probably heard about legal and physical custody, joint custody and sole or full custody.

But what is “full custody,” and what would it mean for you or your spouse if the court awarded it to one of you?

What is Full Custody?

The term full custody isn’t a legal one, but it does refer to one parent having sole legal and physical custody of a child.

Legal Custody

Legal custody is a parent’s authority to make decisions about a child’s education, health and welfare.

Physical Custody

Physical custody refers to the child’s physical presence with a parent.

Full Legal Custody

A parent with full legal custody has the right to make all the decisions about the child’s education, health and welfare, such as:

What schools the child will attend
What extracurricular activities the child will participate in
Where the child goes for medical treatment (including dental treatment)
What church the child attends, if any, or what type of religious upbringing the child will have
Where the child spends time and with whom the child spends time

Full Physical Custody

A parent who has full physical custody of a child shares a home with that child all the time. The child’s primary residence is with that parent.

Is Full Custody Common?

Full custody isn’t as common as it once was. California courts recognize the importance of both parents in a child’s life, which means it’s fairly unusual for a judge to award full custody – either legal or physical – to one parent.

However, it does happen. It’s more common in cases that involve a parent harming a child, either physically or mentally. Sometimes courts will award sole legal custody to one parent but joint custody between the two, or full legal and physical custody to one parent alone.

In a few cases, particularly those that involve a parent harming a child or behaving in ways that are detrimental to the child’s well-being, or when one parent is incarcerated, the courts will block the offending parent from visiting the child. However, it’s not unusual for the courts to order supervised visitation when one parent doesn’t provide a safe and nurturing environment for the child, but every case is different (and if your situation involves anything like this, you need to discuss it with your Stockton divorce attorney immediately).

What if You Have Joint Custody?

If you have joint custody with your ex, you can’t prevent him or her from seeing your children or making decisions about their welfare, health and education while they are together. Excluding your ex from decision-making or preventing him or her from spending time with the kids could land you in court, and worse, it could be emotionally harmful to your children.

Do You Need to Talk to a Lawyer About Child Custody?

We can help you work out a custody agreement with your soon-to-be ex-spouse that works for your whole family – one that puts your kids’ needs and well-being first.

Call us at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your children the best possible outcome.