I need to get the California chid custody laws and other info?

Question

Sacromento CA

Answer 1

*****THIS IS GOING TO BE REALLY LONG....SORRY TO ALL!



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What is custody?

When the court issues a custody order, it will address these two parts of custody:

Physical custody is the physical care and supervision of a child (under 1 8 years of age). In other words, it’s who lives with the child on a day-to-day basis.

Legal custody is the right to make major decisions about your child, like where your child goes to school, what kind of health care s/he receives, or what kind of religious training s/he attends.

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What is joint custody?

Joint custody means you share custody with the other parent.

Joint legal custody is when both parents have equal rights and responsibilities for major decisions concerning the child, including the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents have equal rights and responsibilities for other decisions.

Joint physical custody is when custody is shared in a way that gives both parents frequent and substantial contact with the child. It does not necessarily mean that the child spends half of the time with each parent. Instead, the child spends blocks of time with each of the parents, who share the right and responsibility to raise the child in their homes. Each parent has more than simple visitation privileges.

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What is sole custody?

Sole custody means that you don’t share custody with anyone else.

Sole legal custody is when only one of the parents has the right and responsibility to make major decisions concerning the child.

Sole physical custody is when only one parent is responsible for the physical care and supervision of the child. The noncustodial parent (parent without custody) usually will have visitation privileges.
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Who is entitled to custody?

At least one of the child’s parents is entitled to custody, unless there is clear and compelling evidence that both parents are unfit. Where the parents are unfit or no longer living, the judge can award custody to another person. In very rare cases the judge could give custody to a public agency, if the Court finds by clear and convincing evidence that being in the custody of either parent would be detrimental to the child. If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is usually entitled to custody of the child.
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Are grandparents entitled to visitation?

Sometimes. A grandparent can get visitation if:

the parents are divorced or separated, or
one parent has died, or
the child is not living with either parent, and
the Court finds visitation to be in the best interest of the child.
The Court must balance the benefits of visitation against the right of the parents to exercise parental authority, but that balancing process begins with a presumption that grandparent visits should NOT take place, and there will be no visits if BOTH parents object.

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How will a judge make a decision about custody?

The judge will try to come up with a custody arrangement that s/he thinks is in your child’s best interest. The judge will look at many factors to decide what is in the best interest of your child. Some of these factors may include the wishes of the child, the habitual or continual illegal use of controlled substances and alcohol by one or both of the parents, and any history of abuse by the parent seeking custody.

When you are getting ready for the court hearing to determine custody, it is a good idea to gather as much information as possible about the other parent and yourself that will help the judge get a good picture of your family’s situation. This includes information on the other parent’s behavioral patterns. This is particularly important if there have been incidents of abuse that you would like taken into consideration. If possible, come to court prepared with written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities or any other proof you can provide that explains the behavior of the other parent.

California has laws that may help survivors of abuse. The judge will assume that giving an abuser sole or joint custody goes against your child’s best interest if:

both parents want custody and
the judge finds that one parent committed domestic violence against the other parent, the child, or the child's siblings and
the abuse happened within the last five years
If an abuser wants sole or joint custody, the burden is on him to prove how it’s in the child’s best interest.

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If I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?

It depends. If you are gone or move out of the family residence, the judge will not consider this as a factor in determining custody or visitation IF you moved to escape domestic violence or the threat of domestic violence by the other parent and if you do not wait a long time to ask for a custody order.

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Do I need a lawyer?

You do not need a lawyer to file for custody. However, it may be difficult for you to file a proper petition without the help of a lawyer. Also, if the other parent has a lawyer, it will be particularly helpful if you have a lawyer as well.
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Where can I file for child custody? (Which state has jurisdiction?)

Custody jurisdiction is state law. However, California, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ( UCCJEA), which we explain here.

Under the UCCJ EA, you can file for custody only in the "home state" of the child. (There are exceptions to the "home state" rule -- see below.)

The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)

If you and your child recently moved to a new state, you usually cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state where your children most recently lived for at least six months.

There are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have "significant connections." Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction. This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.

You can also file for temporary emergency custody in a state other than the home state if the child is present in that state and one of the following is true:

1. the child has been abandoned or
2. custody is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

Judges may be very reluctant to use the emergency exception.

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What are the steps for filing for custody?

It depends on the particulars of your situation. To find out what the process will be like for you, please consult a lawyer in your area.

Generally, if the parents are married, one or both of the parents files for custody as part of a divorce action. A married parent can also file a petition for custody without asking for a divorce. If the parents are already divorced, the parent who does not have custody can file a petition for a change in custody in the county where the divorce was granted. If the parents were never married, either parent can file for custody in the county in which the child is living.

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Can a parent who committed violence get visitation?

Sometimes. Visitation by the parent who committed violence may be allowed, but only if the judge believes that proper measures can be taken to insure the safety of both the child and the other parent. This may include an exchange in a protected setting or supervised visits. The judge may also order the violent parent to attend counseling and refrain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation. If the judge does not believe that the victim remains at risk from the abuser, the judge may order unsupervised visitation without any measures to protect the victim and child. Therefore, if you feel there is still a risk of violence, you must convince the judge that you and your child need protection from the other parent.

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If a custody order is already in place, how can I get it changed?

Because custody is decided based on what is in the best interest of the child, an order is never permanent. If you have a custody order already in place, you can petition the court to make changes to it or modify it. Generally, you can ask to have a custody order modified only if there has been a “substantial change in circumstances” since your last custody hearing. An instance of domestic violence may, by itself, be considered a substantial change in circumstances.

To modify a custody order, you will need to start with the court that issued the order, even if you have moved. If both you and the other parent have both moved out of the original county, the court will generally grant a motion to change venue to a county where one of you is now living.
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Can I change the state where the case is being heard?

If you move to another state, you may be able to change the state where the custody case is being heard. You will have to ask the judge who is hearing the case to change the jurisdiction of your case. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.

(Go to the Links & Resources page in your state to find someone who can help you.)

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Can I get temporary custody if I have a restraining order against the other parent?

It depends. If a restraining order is granted due to domestic violence, the order may include temporary custody of minor children and temporary visitation. Be sure to tell the judge that you want temporary custody during your restraining order hearing so that the judge can take your request into consideration. Custody granted with a restraining order expires with that order. The judge may extend temporary orders as s/he feels is necessary.

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Can I get temporary emergency custody?

California judges will usually grant temporary, emergency custody orders only in extreme situations. You will need to prove to the judge that your children are in immediate danger in order to get an emergency custody order. The court may issue you temporary emergency custody if it feels that there is immediate danger of abuse and it is necessary to protect you or your children.

If you have strong proof that your children are in danger, a judge may grant temporary emergency custody. Some judges do not require much proof, while others almost never grant temporary emergency custody. It is almost always better to have a lawyer helping you file for temporary emergency custody.
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If there is a custody order in place, can I take my kids out of the state?

You can take the kids out of the state for a brief trip as long as there is no order prohibiting it and so long as it does not interfere with the other parent’s visitation rights.You cannot change the child’s residence to another state without the permission of the other parent or a court order.

If either parent has filed an action for dissolution of marriage (divorce), legal separation, nullity (annulment), or to determine parental relationship (paternity), there will be an automatic restraining order in place ordering both parents not to take the children out of California until a judge comes up with a final judgement. Until the judge makes a judgement, you can ask the judge for permission to take trips with the children out of state.

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If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?

Perhaps. This varies from county to county, and it depends on the willingness of the District Attorney to file the charges. The District Attorney is the official in charge of prosecuting criminal cases. The contact information for the District Attorney's office in your area should be in the blue pages of your phone book.

If you cannot get help by contacting the District Attorney yourself, you should get advice from a lawyer.

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Can I get financial support for my children and myself?

Probably. The court will not order support at a temporary restraining order hearing, but it may be ordered at a custody hearing.

California has child support guidelines, which are based on your income, the other parent’s income and the amount of time the children spend with each of you. These guidelines will determine how much support you get, except in very rare circumstances.

AllLaw.com has an online child support calculator that can give you an estimate of the child support guidelines in your case at http://www.alllaw.com/calculators/Childsupport/california/ .

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If I think that the other parent may kidnap my child, is there anything I can do?

You should make every effort to tell the judge what you know and show the judge as much evidence as possible to back up your story. If a judge becomes aware that there is a risk of child abduction, the judge will order measures to prevent the abduction.

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What is mediation?

Mediation is when a neutral third party helps people make an agreement. The court will not make any custody orders at the hearing until you and the other parent have attended mediation. The mediator will try to bring you and the other parent to an agreement.

In some counties the mediator will make a recommendation to the judge about what the order should be if you don’t reach an agreement; in other counties the mediator is not allowed to tell the judge anything unless there is an agreement. The mediator will, if you request, see you and the other parent in separate sessions if you have made allegations of abuse. You will be sometimes be permitted to bring a support person – not a lawyer – with you to mediation when there are allegations of abuse.

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Who pays for mediation?

Mediation is generally free. In some counties, there will be a charge imposed after some initial, free sessions.

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Answer 2

call the local County Attorney

Answer 3

www.courtinfo.ca.gov/selfhelp/family/support/ - 11k -

Answer 4

wat evr to hu