Separation is the most common cause for parents to get involved with child custody disputes. Naturally, qualified parents win over child custody cases based on the evidence they can provide and how the court shall rule over the specific legal factors presented with a fair judgment. According to California Family Code, the court’s preference is to grant joint custody to both parents if they meet certain requirements and prove fit to raise the child in an appropriate environment.
Some cases pass smoothly without any contradicting issues when parents possess a mutual agreement on the subject. However, there are several matters the court considers in granting custody. If parents want to get custody of their child, they need to ensure that they meet the court’s requirements and put the child’s best interests at heart.
California Family Code: Granting Child Custody
Parents who want to be aware of how the court decides to grant child custody to a qualified parent or guardian need to know the legal guidelines.
Child Custody Factors
The factors that affect the decision of the court in granting custody to a parent or both parents primarily focus on determining what’s best for the child according to the following:
- Child’s health, safety, and welfare; and
- Any history of abuse by one or both parents.
The first thing you need to do to win a child custody case in California is to understand and comply with all court orders and requirements regarding your parenting plan, whether or not you’re seeking joint custody with your spouse.
If both parents are pursuant to the guidelines stated above, the court shall heavily consider granting joint custody for best intents and purposes. However, the court shall also consider how both parents are going to manage the child’s life by letting them create a suitable parenting arrangement legally acceptable to the court.
Additionally, joint custodial parents will need to follow the written agreement regarding the child’s residential, educational, medical, and other essential arrangements.
In cases where neither of the parents is qualified to have custody of the child by not having a “wholesome and stable environment,” the custody shall be granted to another person, preferably a relative who can provide adequate care and guidance for the child.
Preparing for Child Custody Case Proceedings
When dealing with the court system, it is essential to remain calm and avoid false accusations or exaggerations. This will help avoid having your case dismissed or letting the other party use your false allegations to gain custody of your children. Allow the state court to deal with the situation and concentrate on how you can prove that you’re a qualified parent, win the case, and get custody of your child.
Moreover, only a qualified attorney can help you win your case. There is an excellent source for information on how you can prove your qualifications as a custodial parent. However, experienced lawyers have access to pertinent details that should make you gain an edge in fighting for your custody rights.
Establishing The Parents’ Goal For The Child
It is generally ideal for parents to plan the most suitable course for the child’s holistic wellbeing. It’s not easy for anyone handling separation and divorce to keep everything together, particularly when you are going up against mixed emotions regarding your marriage and family. But as a parent, the right choice would be to prioritize the child’s welfare as they are also going through a tough time and never put their future aside.
If you find yourself confused about some of the California state law’s provisions or information in establishing your parenting goals, an attorney should have the professional knowledge to assist you. This is one important reason you need to get legal help before proceeding any further with the custody battle.
Hire A Family Law Attorney Specializing in Child Custody
To increase the odds of winning your custody battle, it helps to employ an expert child custody attorney. California offers the best family law attorneys to mediate the parents’ disagreement and provide valid advice to the court on behalf of their client.
The family law attorney assesses the details of the case, presents it to the judge, and shows your story to bolster the case. They will also make recommendations about your custody arrangements. After presenting the facts of the situation, they can also assess your chances of winning and work on your behalf accordingly.
If you have been trying without luck to get the upper hand in the child custody case or perhaps at least secure a child visitation schedule, you may want to seriously consider hiring a specialist to help you in your battle for recognition as the custodial parent. Lawyers can help you establish that you are the rightful holder of the child. However, you need to understand that it isn’t always as simple as it seems. You might have to work through different levels of stress, especially if you’re trying to win over a difficult case against your spouse.
Your best bet for success in child custody cases is to let the experts handle it. A family law attorney is fully prepared to assist you with the entire process. This means you do not have to worry about legal matters. It will allow you to focus on the child’s needs with adequate and relevant legal services while the court draws up the final arrangement.
The state law in California is particular when it comes to child custody cases. And it has clear guidelines in defining an admissible child custody agreement. To summarize, a winning child custody case involves proper legal preparation for the case hearings, having facts that support your position, ensuring that the law supports your position, and taking advantage of having the right to an attorney. For this reason, you will want to find an expert California family lawyer that has experience working with divorce and child custody situations.
Only a professional with hands-on experience with California Family Law will be able to properly represent you in your child custody case, increase your chances of winning, and get you the results you are looking for. Contact us today for a consultation!