As children are often unable to advocate for themselves and are some of the most vulnerable groups in society, custody law in CA tries to account for this and ensure their safety above all. In the midst of a heated custody battle however, it can be easy for parents to lose sight of this as they focus on their feud.
Prep yourself with the knowledge that you need for your upcoming custody issues in CA. Today’s post is a look at the three most important pillars that CA custody law adheres to and is centered around.
The Child’s Best Interests Trumps All
If there’s one thing to take away from this post, it is this: ensuring the child’s best interests will always be the biggest factor when the CA family law courts are handing down any decision or ruling. This is defined via Family Code § 3011, which means that decisions must enforce or promote the child’s health, safety, continued contact with each parent or close relative where applicable, and more.
Courts consider regular contact with both parents important for the child’s well-being, and they’ll often favor split custody arrangements by default unless there is compelling reason to take custody away from one party.
Children Have a Right to Safety
Related to this, Family Code § 3020 states that children must be safe and free from abuse in any and all living arrangements. Thus, all legal decisions involving custody or the future of the child’s living arrangements post-divorce cannot jeopardize his/her safety in either parent’s care.
Parents and Custody Rights of Their Children
Barring that the safety of the child is not in jeopardy, CA family law dictates that both parents are entitled to see and spend time with their children via Family Code § 3010. Thus, both parents should receive a share of custody provided there are no other confounding factors at play.
Consult With a Child Custody Attorney in CA
These are some of the key principals that you need to consider when navigating any custody issue in CA. That said, keep in mind that this is a general overview and does not replace customized advice from a qualified CA family law attorney.
If you have any questions about custody, or any other matter relating to family law in CA, give us a call at (949) 825-5245 to schedule a free initial consultation.