California Kid Custody - Who Gets Custody?

Like most states, the standard for kid custody determinations in California is the overall best interest of the child with an stress on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both oldsters absent kid abuse, domestic violence, or where the contact wouldn't be in the best interest of the child as provided within the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080). Additional, in step with California family code section 3040, kid custody should be granted in an order of preference and per the best interest of the child.

A standard challenge for the court is to come to a decision who can get custody of the child. Child custody might be petitioned by oldsters, grandparents, stepparents, or any one that believes they will give appropriate care and steering to the child. Thus how will the California family court or a California choose handle competing persons seeking custody of the kid? According to California family code section 3040, kid custody ought to be granted in an order of preference and per the simplest interest of the child. The court appearance 1st to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California but does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it permits the California family court or California decide to create the parenting arrangement decision on a case-by-case basis consistent with what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court could look towards the person's home in that the child has been living and the steadiness of that setting and then to any individual deemed by the court to be in a position to produce acceptable care for the child. In short, the court can sometimes look to grant child custody first to the parents according the most effective interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons consistent with the simplest interest of the child.

If you're involved in a very child custody battle with the opposite parent, grandparent, stepparent, or any alternative person, you'd be wise to consult a California family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.