How do I stop sharing custody of my children in California?

Virtually all couples who divorced in California with children have to go to court to share custody of their children or even find a way not to do so, but in reality how can I not share custody of my children in California? This is one of the questions these people often ask themselves.

Custody and Visitation in California

when talking about custody of children, reference is made to the rights and responsibilities that one or both parents have towards their minor children, if they do not fulfill their duties, the State will have every right to intervene in the matter, so that the minor has a better quality of life.

On the other hand, when it comes to visits, it refers to the time that the children will be with their parents, that is, the time they will share.

keep in mind that in California a judge is the one who will decide whether both parents will have custody or just one, in addition to defining the visits that parents will have with their child.

Types of Custody Orders ๐Ÿ‘ˆ

It should be borne in mind that there are several types of custody orders and that when going through a request process non-shared custody of children, It’s important for parents to familiarize themselves with these terms so that there is no confusion, as this is what we’ll talk about custody orders next.

#1.- Legal custody

Legal custody refers to to whom it is who has the right to take the The child’s most important decisions, in this case, may include the child’s health, education, religion, travel, sports, residence and welfare.

It is noteworthy that, depending on whether both parents share custody or if only one has custody, it is the one who will make this type of decision, that is, if shared, both have equal rights, but if not shared whoever has it will be its legal representative and who will have that responsibility.

#2.- Physical custody

The physical guard is with whom the minors live, It is also known that this type of guard can be of two forms:

#2.1.- Joint physical custody

Here it refers to the fact that the children are living with both parents, but without referring to the fact that the time shared with both is necessarily the same, for with one of the two they will spend more time.

#2.2.- Exclusive or primary physical guard

When physical custody is primary, the children live with one of the parents and visit the other, so even if they can live with both parents, they will spend more time with one, as it is complicated for both to be able to care for and spend equal time.

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Types of visitation requests ๐Ÿ‘ˆ

You types of visitation orders are another essential issue when applying for custody of a child in court and, to be clear, they will be mentioned below:

#1.- Visit according to a specific time

In so many cases it is more convenient to set a schedule so that parents can have in detail the time they should spend with their children without any problems.

For this reason, both parents usually, together with the court, develop a schedule with schedules, where the time each parent will be with the children is defined.

It should be considered that, in the elaboration of this plan, will be taken into account the holidays and special occasions for them.

#2.- Visits by mutual agreement between parents

Unlike the previous type of visit, in this case it is the parents who decide their visits, therefore it is necessary that both are in agreement.

It is noteworthy that if the parents do not get along well this type of visit is not advisable, as it can cause harm to minors.

#3.- Supervised visit

this type of visit occurs when you want to ensure the safety of the child and a family member, the other parent or a professional must be present at the time this parent visits to spend time with them.

#4.- No visits

As the name implies, this is when one of the parents does not have the right to visit their children or with supervision, which is caused because they can cause harm to the minor, thus preventing their presence.

These are the types of visits and custody that are usually carried out in California, so it is important to know yourself and even more when you are in these processes, as already mentioned.

What does the Court consider when deciding on the custody and visitation of โ€œchildrenโ€?

In court, judges, when granting custody of children, always take into account the well-being of the minor, that is, assess the situation with both parents and from there they make a decision, and for this the court takes the following into account:

#1.- children’s age

The age of minors.

#two.- children’s health

The court assesses who they live with at the time of the trial and what the child’s state of health is, whether he appears healthy, well fed or not.

#3.- The emotional bonds that parents established with their children

As not all cases are the same and in many of these events children develop stronger bonds with one parent than the other.

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#4.- Parents’ ability and time

This point is basically about the parent’s emotional capacity to have a family, and the responsibility to support a child, and the time available to share and care for him or her.

#5.- background at home

If either parent has been in prison, or has a history of drug addiction, alcoholism, abuse, or other crime.

#6.- The child’s bonds with his environment

That is, the sentimental and affective bond that every child develops from the place where he was raised, the love for school, neighbors, friends, places he regularly visits, among others.

As you can see, there are several factors that judges usually take into account when deciding on the custody or visit of children as they generally seek to ensure that minors suffer less and have good living conditions.

How do I obtain a custody and visitation order?

In many cases, the same parents reach an agreement regarding the custody and visitation of their children. without the need for a court order, however, if the parents themselves reach an agreement, but one of them does not comply, it is at that moment that they must appear in a court for him to decide what to do.

On the other hand, if the parents reach the conclusion of requesting a court order if one of them does not comply, they can do so, so the court has the right to act if one of the two disobeys the agreement they had previously reached. . Finally, the judge must approve the parental agreement, sign it and then send it to the bailiff.

In general terms, if the parents cannot agree on the custody and visitation of the children the judge will see the need to send this process to mediation, and it is up to a mediator or Family Judicial Services officer to find the best solution to the problem.

Nonetheless, not all cases where Family Court Services are attended and no solution is reached because the parents can’t reach an agreement, and if so, they should go back to the judge and it is this one who ends up taking the decision he deems convenient for the benefit of the minors .

Mediation: California Family Court Services ๐Ÿ‘ˆ

O Family Court Service is a program whose main objective is to guide and help parents who are getting divorced and who have problems so that they can make an appropriate decision regarding the visitation and custody of their children, with the aim of guaranteeing the minor a good life .

Parents often come to this mediation program when they cannot agree on custody and visitation after divorce.

Once the parents reach an agreement, one of the mediators of this program will help them to write a parenting plan for your children, that once concluded, the judge must sign it and at this moment an order will be made. both parents must obey.

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The role of mediation is as follows:

help parents to create a parenting plan that works in the best interests of your children. That with this parental plan the children can stay in touch and spend time with their parents without any inconvenience. Guide them so they can properly manage your anger.

These are the purposes for which this family court services program in the state of California, as the custody and visitation situation is not positive in all cases and there are many parents who have certain problems in agreeing what is necessary to participate in this program.

How to find affordable family law attorneys?

There are many cases in which couples who are getting divorced, in addition to having children, can’t afford a lawyer that’s too expensive to carry out the custody process and, in general, the whole issue of family law.

For that reason, you may request legal assistance or legal services, which are agencies that provide free or low-cost legal assistance to all citizens who cannot afford a family law attorney.

Therefore, in these cases you have the right to ask the judge to provide you with a lawyer who belongs to the legal services to represent you in court or you can simply contact some of the offices directly and present your case.

This article, based on how to avoid sharing custody of my children in california , contains useful information for anyone interested in this topic. Likewise, I want to invite you to continue reading our blogs that have content so you can continue to be informed in our next publications likewise, if you want to leave us a comment, you can write it at the end, in the comments section.

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