It is common for California family courts to order parents involved in child custody cases to undergo a 730 Evaluation. Courts use these psychological evaluations to identify the best parent and ultimately decide which parent will have primary custodial responsibility of the children.
A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. A person can ask for a civil harassment restraining order if a person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, AND you are scared or seriously annoyed or harassed.
According to the law, parents must provide financial support to their children regardless of the relationship between the parents. Data from the US Census Bureau indicate that not even half of all custodial parents receive the financial support that is owed to them by non-custodial parents.
If you have child custody dispute in California, prepare to participate in a mediation session before your case is ever heard by a judge. The mediation or “conciliation” is mandatory in all family law courts.
Your child may ask to stay with you more often. Or perhaps you learn that your ex-spouse recently received a pay raise. Whatever the specific situation, if there are changes that affect your child and spousal support, custody or even visitation, you have the right to ask the court to modify any order related to these issues.
Legal custody defines what a parent can and cannot do as it relates to making decisions for their children. There are two types of legal custody: sole and joint. A parent with sole legal custody is able to make decisions about their child’s health, education, and welfare without consulting the other parent. This is in accordance with California Family Code (Fam. Code. §3006) which also states that joint legal custody requires both parents to share in the decision making responsibilities (Fam. Code §3003).
There is the misconception that courts side with mothers and always award physical custody of children to them. This may have been common practice in the past but that is no longer the case. In California, family law courts are more likely to grant joint physical custody of children.
When parents are separated child support becomes an issue, one parent will be required to pay child support if the couple had children. In fact, the court mandates that an order for child support be filed even if the location of the non-custodial parent is unknown or is not currently working.