California Child Custody and Current Practices
A California court can establish child custody and parenting time on a schedule that the parents have been following for a significant period of time. A California court often will take this into consideration and approve the schedule currently being used as long there are no adverse effects on the children.
If you are the custodial parent who is facing a request to modify child custody, consider whether the current practice has been working for both you and the non-custodial parent and the issues you want to address to continue the current practice.
The Law Offices of Edward Misleh, APC is a law firm that practices California family law and California child custody and California guardianship. We represent clients in Northern California with services they need and deserve when addressing California child custody, California guardianship of a minor child, and California move-away orders. Call now our Lawyer Hotline. Call now 321-951-9164.
Child Custody Current Practices
If you are the noncustodial parent, you should be prepared to explain to the court why the current practice is not feasible or is not within the best interests of the child. Remember, even though you may be the noncustodial parent, your parenting time should not be affected by any temporary absence or break in visitation. Child Custody Current Practices can be modified with a court order.
Moving Out of the Family Home
My spouse want me to leave. Should I move out of our home?
Reasonable efforts to maintain parenting time with a child is critical for a parent that moves out of the family home. Child custody laws in California do not permit a California family law judge to consider one parent’s absence or relocation from the family residence so long as: (1) the absence or relocation was of a short duration; (2) the parent who was absent demonstrated an interest in maintaining custody or visitation; (3) the parent maintained or made reasonable efforts to maintain contact with the child; and, (4) that parent’s does not demonstrate behavior consistent with the intent to abandon the child.
Whether you have sole legal and physical custody, or just visitation rights, a licensed attorney can assist you in filing an action that can modify the amount of parenting time you enjoy with your child right now. The Court uses the best interests of the child standard when determining parenting time, so having an experienced attorney on your side will help you obtain the best possible outcome regarding your California Child Custody Current Practice.
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