California - who gets custody child custody?

Like most States, the standard for the determination of custody of children in California is the best interests of the child with emphasis on ensuring "health, safety and well-being" of the child and the "frequent and continuous contact" with both absent parents, child abuse, domestic violence, or where the contact would not be in the best interests of the child pursuant to the California family code section 3011 (see California family code section 3011, 3020, 3040, 3080). In addition, according to the California family code section 3040, child custody should be granted in order of preference and in accordance with the interests of the child.

A common challenge for the Court is to decide who will get custody of the child. Child custody can be requested by parents, grandparents, step-fathers or any person who believes that they can provide adequate care and guidance to children. Such a judge in California or California Family Court handle people compete in search of the custody of the child? According to the California family code section 3040, child custody should be granted in order of preference and in accordance with the interests of the child. First, the Court intended to grant custody to both parents jointly or to either parent to look to grant custody to other people. California however cannot currently set a preference or a presumption in favour or against joint custody arrangements. Instead, allows California family court or the judge of California for the decision of the parenting arrangement in case by case, according to what they believed that it reflects the best interests of the child. If neither parent is granted custody, the Court can look to the home of the person in which the child has been living and stability of that environment, and then anyone considered by the Court in order to provide adequate child care. In summary, the Court shall have an aspect typically to grant custody of the children first parents according to the best interests of the child and if considered unfit the court below, will grant custody of the children to other persons in accordance with the interests of the child.

If you are involved in child custody battle with the other parent, grandfather, stepfather or anyone else, would be advisable to consult a California family law lawyer to help you learn what their position legally and what are their legal options with respect to their rights in child custody and visitation rights.

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