Child Custody - California Law & Information Links

	Consumer Links Calif. Court Self Help Section on Custody Judicial Council Forms, Check out the "fillable forms" "Free Advise.com" Child Custody Law Help.org Custody Laws of Custody Starre, Cohn & Albaum Attorney's Louden v Olpin - Non-Custodial Parent that won't visit




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	Dictionary Definition of Custody = Parenting kinsey aw.com Because of the child's predominant need forstability and continuity and the state's strong interest in preserving same (above), the burden of persuasion is on the moving party to show how circumstances have changed and why the custody modification would be in the child's best interests. The burden is two-fold in modification proceedings: The party seeking to change an existing custody order assumes both the burden of (a) persuading the trier of fact that a new custody arrangement is in the child's best interests, and (b) putting forth sufficient evidence of a substantial change in circumstances warranting a modification Child's Preference As with an initial custody determination, the court is required to "consider" and give "due weight" to the preferences of a child of "sufficient age and capacity to form an intelligent preference as to custody." [Ca Fam ? 3042] Whether the minor is of "sufficient age and capacity" (so as to satisfy the threshold prerequisite to consideration of the child's wishes) varies with each child. The requisite maturity is not measured by any particular chronological age. Generally, courts become more receptive as the child approaches teenage years, but some courts will listen to children as young as seven or eight .kinseylaw.com I would suggest that you and your ex try and work out an arrangement that you can both live with and which would be in the best interest of your children. You can attempt to reach such an arrangement in mediation or through a facilitator. If you are unable to resolve the matter amicably, you can always commence a legal action. I might suggest that before you go that direction, you consider agreeing to have a Special Master appointed to handle custody and visitation issues. That person (a custody evaluator from a court panel) will attempt to help you mediate the matter. However, if you cannot reach an agreement he/she has the authority (by stipulated order filed with the court) to make the decision on the particular issue. If you must commence a "custody battle", be prepared for a process that is costly (emotionally and financially) and it may or may not turn out as you wish. at-what-age-can-a-child-express CA Family Law Code PART 2. RIGHT TO CUSTODY OF MINOR CHILD CHAPTER 1. GENERAL PROVISIONS ................................. 3020-3032 CHAPTER 2. MATTERS TO BE CONSIDERED IN GRANTING CUSTODY ....... 3040-3049 CHAPTER 3. TEMPORARY CUSTODY ORDER DURING PENDENCY OF PROCEEDING ......................................... 3060-3064 CHAPTER 4. JOINT CUSTODY ...................................... 3080-3089 CHAPTER 5. VISITATION RIGHTS .................................. 3100-3105 CHAPTER 6. CUSTODY INVESTIGATION AND REPORT ................... 3110-3118 CHAPTER 7. ACTION FOR EXCLUSIVE CUSTODY ....................... 3120-3121 CHAPTER 8. LOCATION OF MISSING PARTY OR CHILD ................. 3130-3135 CHAPTER 9. CHECK TO DETERMINE WHETHER CHILD IS MISSING PERSON .... 3140 CHAPTER 10. APPOINTMENT OF COUNSEL TO REPRESENT CHILD ......... 3150-3153 CHAPTER 11. MEDIATION OF CUSTODY AND VISITATION ISSUES Article 1. General Provisions ................................ 3160-3165 Article 2. Availability of Mediation ......................... 3170-3173 Article 3. Mediation Proceedings ............................. 3175-3188 Los Angeles Superior Court Local Rules 5.19 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION (a) Family Court Services Mediation (b) Confidentiality of Family Court Services Proceedings (c) Adherence to Standards and Requests for Change of Family Court Services Mediator/Evaluator (d) Assessment of minor(s) seeking permission to marry CHAPTER 12. COUNSELING OF PARENTS AND CHILD ................... 3190-3192 CHAPTER 13. SUPERVISED VISITATION AND EXCHANGE SERVICES, EDUCATION, AND COUNSELING .......................... 3200-3204