Here are the legal terms you need to understand if you are involved in a custody battle for your children:
*** “‘Sole legal custody’ means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” (Fam. Code, § 3006.)
***“‘Joint legal custody’ means that both parents shall share the right and the responsibility to make” those decisions. (Fam. Code, § 3003.) But joint legal custody requires the parents’ willingness to cooperate in making medical, educational, and psychological decisions. The Court of Appeal explains that [in most circumstances, children’s best interests are served by joint legal custody, but where there is acrimony “the reality of their parents’ conflicts unavoidably hampers the realization of that goal." (In re Marriage of McLoren (1988) 202 Cal.App.3d 108, 115-116.)
California courts look at these factors to determine the “best interests of the child”:
(1) The age of the child. [When a child is 14 or older the court must allow the child to testify in court if the child chooses to testify but if the child is younger than 14, the court has discretion to allow the child to testify.]
(2) The relationship of the child's parents and any other persons who may significantly affect the child's welfare.
(3) The preference of the child, if old enough to express a meaningful preference;
(4) The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;
(5) The stability of any proposed living arrangements for the child;
(6) The motivation of the parties involved and their capacities to give the child love, affection and guidance.
(7) The child's adjustment to the child's present home, school and community.
(8) The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical stress.
(9) The capacity of each parent to cooperate in childcare.
(10) Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use these methods;
(11) The effect on the child if one parent has sole authority over the child's upbringing;
(12) History of Domestic Violence; and
(13) All other factors having reasonable bearing on the physical and psychological well-being of the child.
If child custody becomes a battle, it is in your best interests to retain an experienced Family Law attorney. If you cannot afford to retain a Family Law lawyer, there are services that provide limited scope representation and Family Law attorneys who will provide limited scope representation, such as preparing your court papers or appearing in court for a single hearing. Also, you can go to your local law library and seek assistance from the law librarians who can show you the forms you need for your case. Furthermore, most courts have Family Law Facilitators who can help you.
Additionally, you may find some of the books below related to child custody helpful. Best wishes.
Copyright @ 2016 Christine Esser
If you click on any of the books below, you will be directed to the Amazon website. We may receive a small commission if you make a purchase that will not increase the price you pay. We have not received anything from the author or publisher of these books for listing them here.
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