Child Custody BlogSteven Carlson (157)    Child Custody Coach California Child Custody - Who Gets Custody?Posted Tuesday, February 06, 2007 (1 year 150 days ago.) Viewed 170 times. Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare" of the child and “frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080). Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or a California judge handle competing persons seeking custody of the child? According to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person’s home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child. If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would 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. Copyright © 2007 Child Custody Coach Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area. 
Permalink Comments (0) Child Custody – Joint Custody and the Best Interest of the Child StandardPosted Tuesday, February 06, 2007 (1 year 150 days ago.) Viewed 219 times. “In the best interest of the child" or “child’s best interest" is the famous mantra of the family court, which is prevalent in child custody proceedings today, yet its interpretation by the family court or judges is often arbitrary and its meaning is still obscure. Moreover, the law regarding child custody varies from state to state leaving no uniform legal position regarding what is in the best interest of the child. Some states have a preference and presumption towards joint custody while others do not. Some states are amending its law to adopt a preference and presumption for joint custody while others are amending its law to allow joint custody only when the parents agree to it. Like most states the standard for child custody determination in California is the overall best interest of the child such that it assures the “health, safety, and welfare" of the child and “frequent and continuing contact" with both parents. However, California does not establish a preference or a presumption for or against joint custody or custody to one parent and therefore leaves the parenting plan decision up to the discretion of the family court or a judge. In 1979, California adopted a presumption for joint custody, but later amended the law in 1994 to allow joint custody only when the parents agreed to it. According to the American Bar Association, other states such as Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont, and Washington also adopted laws in favor of joint custody, but only when the parents agreed to it. Other states such as the District of Columbia, Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, New Hampshire, New Mexico, and Texas, have laws favoring a presumption for joint custody. In a few other states, joint custody is not specifically authorized. Regardless of each states position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills being introduced to adopt a presumption for joint custody being in the best interest of the child unless certain circumstances apply, such as convincing evidence that a parent is unfit or it would not be in the best interest of the child to award joint custody. If you are involved in a child custody dispute, whether it is the initial child custody determination or a child custody modification, you would be wise to consult a family law attorney in your jurisdiction to help you learn what the law and standard for custody determinations is in your area and how it applies to your specific situation. Further you will want to learn what factors the court will consider in determining the best interest of the child so you are fully aware of your child custody rights and responsibilities. Copyright © 2007 Child Custody Coach Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Permalink Comments (0) California Divorce and Child Custody: What is the Purpose of Child Custody Mediation?Posted Thursday, January 25, 2007 (1 year 162 days ago.) Viewed 94 times. Mediation in California is a form of alternative dispute resolution, or ADR, facilitated by a mediator, which allows parents of a child custody and visitation dispute an opportunity to resolve their disagreements without a litigated hearing. As pointed out in Family Code 3170, mediation is a mandatory process in California that must take place before a contested issue regarding custody and visitation is heard in a litigated hearing. Mediation has a specific purpose and mediators should adhere to certain guidelines and standards when conducting mediation. Mediation Standards Mediation Purpose Mediation Limitations If you are involved in mediation you will want to consult an attorney in your area to help you learn about the mediation process, standards, purpose, your rights, and what mediators can and cannot do in mediation. © 2007 Child Custody Coach Steven Carlson is the founder of Child Custody Coach. He is known nationally as The Custody Coach and provides individualized help and one-on-one coaching services to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting, and attorney fee disputes. He is the author of the child custody E-Book strategy guide, “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!". He provides support for Custody Match, a
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