How does custody and visitation work in California?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot agree, the judge will make a decision at a court hearing.

How does a non-parent ask for visitation in court?

When a non-parent wants custody of a child (and not just visitation rights to see the child) it is called guardianship, and there is a separate court process for guardianships. How does a grandparent ask for visitation in court?

What is the law on grandparent visitation in California?

Read California Family Code sections 3100-3105 to read the law about a grandparent’s rights to visitation. This code section also details other situations the court must consider before giving visitation to a grandparent.

Can a grandparent ask for visitation after a divorce?

There may already be a family law case filed between the child’s parents (like a divorce, a parentage case, a child support case, or a domestic violence restraining order) and a grandparent may be able to ask for visitation under one of those existing cases.

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot agree, the judge will make a decision at a court hearing.

Read California Family Code sections 3100-3105 to read the law about a grandparent’s rights to visitation. This code section also details other situations the court must consider before giving visitation to a grandparent.

Can a court deny a parent custody or visitation?

The child’s ties to school, home, and his or her community. Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny your right to custody or visitation just because you were never married to the other parent,…

What happens if you can’t agree to a visitation order?

If you cannot agree, the judge will send you to mediation and a mediator from Family Court Services or another court-related program will help you. If you still cannot agree, you and the other parent will meet with the judge.

What to expect during a child custody hearing?

A parent who would like more information about what to expect during a child custody hearing should speak to his/her attorney or visit a public child custody hearing to prepare themselves for the child custody case. The best thing for parents to do is to prepare in advance.

When does a state make a custody decision?

In general, a state may make a custody decision about a child if 1 of the following is true: The state is the child’s “home” state. This means the child has lived in the state for the last 6 months, or was living in the state but is not there because a parent took the child or kept him or her out of the state.

Can a child custody case be heard before a jury?

One detail that many people don’t know is that child-custody cases are not heard before a jury; that’s reserved for criminal or civil cases. Your case will be presented in front of the judge, and he or she will likely make an immediate decision and issue a child-custody order.

What happens at a family law custody hearing?

At a hearing, a family law judge determines whether there is sufficient evidence of abuse and makes appropriate orders. A judge may believe a child custody investigation or private child custody evaluation is necessary.

Can a judge order a child custody evaluation?

A judge may believe a child custody investigation or private child custody evaluation is necessary. If so, he or she may appoint a private child custody evaluator or a child custody investigator. Such persons look into the abuse issues and report back to the court.

Can a person lose custody of a child in California?

Within the context of a family court proceeding, California law is very clear that physical abuse is a proper reason to lose custody of a child. Both legal custody and physical custody may be lost as a result of child abuse.

How does a judge decide who gets custody of a child?

The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The child’s ties to school, home, and his or her community. Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children.

Can an unmarried father get custody of a child?

An unmarried father does not have legal rights to custody or visitation. Only a legal parent can request the court to grant custody or visitation rights. Those rights can only be acquired by commencing and litigating a formal paternity lawsuit in a court of law.

Why are child visitation rights important to non custodial parents?

Child visitation rights are something that courts and judges want to grant to the non-custodial parent because they realize that it is important for each parent to have a significant presence in a child’s life. For many parents, the most upsetting thing in the world is not being able to see your children every day.

Can a father have visitation in a child custody case?

In most cases, custody will be placed with one of the parents while the other has visitation until the case is decided. Should the mother be given custody and the father have visitation, it is important to follow that court order regardless of how unfair you believe it to be.

How does a judge look at fathers in child custody?

Judges often look favorably on fathers and couples who are willing to work together in the best interest of their children. Courts will often ask for character witnesses to determine who the better parent would be to have custody of the children.

Can a father disobey a visitation order?

Should the mother be given custody and the father have visitation, it is important to follow that court order regardless of how unfair you believe it to be. Keeping the children when you are not supposed to and disobeying the visitation order will only hurt the overall custody case.

How to fight for your child’s visitation rights?

Experienced family law attorneys will know whether you have been the victim of another parents withholding of your child and will fight for your visitation rights— in many states, visitation interference is now a crime! How Do I Start Fighting for My Visitation Rights?