Articles Tagged with Best Interests of the Child

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This is the fourth entry in my blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2 and 3,  I am writing this series due to the number of emails and calls I receive on a weekly basis in my California Family Law Practice from California concerned parents regarding custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 4 focuses on issues relating to Parent’s Gender—from the court’s perspective. This issue, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading →

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In my California family law practice, I receive numerous inquiries relating to child custody.  Literally,  tens of thousands  of books can be written just about California child-custody issues. Child-custody inquiries are even higher than divorce inquiries because marriage is not a prerequisite to the creation of little bundles of joy.   Because there are so many issues relating to child custody matters, I have decided to write a series of blog posts on this particular issue. This blog post provides an overview of issues the court will consider when making a determination on child custody issues. Continue reading →

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Have you ever wondered what a California court does with agreements made by the parents regarding California custody matters? Would a California judge accept the agreement, reject the agreement, or, even acknowledgement the agreement?  In my California Family Law Practice,  I am constantly asked by prospective clients whether  a California judge would  allow the prospective client to introduce evidence of the parties’ previous agreement regarding custody.  Does this sound familiar: “I, Father, agree to terminate all my parental rights to our child if Mother agrees to never ask me for child  support?”  After the agreement is put in writing, the parents complete the ceremony by going down to the local notary’s office and have the document notarized by both of them.  Fast forward one year from when the agreement was notarized, father has a change of heart and wants to be in the child’s life.  Mom, relying on the notarized document, refuses to allow any contact between father and child.  Consequently,  the father is forced to resort to the court for assistance.  Consequently, father files a motion with the court asking for joint physical and joint legal custody of the child. What do you think? Will this agreement be upheld by the Court? Continue reading →

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For most parents who live in California, it is not difficult to figure out that California is the correct jurisdiction for filing their custody and/or child support matter. Where it becomes a bit challenging for parents is under the following scenarios: 1) one parent lives in California and the other parent lives in another state or country; 2) one parent has abducted the child and moves out of state and then files a custody motion in the new state.  Other factors affecting jurisdiction is whether or not the parties ever married and/or whether or not there are prior custody orders. Before anyone considers filing a motion, or has already filed a motion,  for custody, visitation and support , it is important to determine whether the legal paperwork has been filed in the proper state and proper courthouse. Continue reading →

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If you already read a few of my blog posts, you now know that there are many factors affecting how a California family-law judge determines custody and issues custody orders.  The “best interest of the child” legal standard pretty much covers any and all factors affecting the child’s health, education and welfare of the child.  In my California Family Law practice,  I have been approached many times by a parent concerned about losing custody to the other parent because the other parent’s income is significantly much higher than theirs.  What do you think, will the varying income of the parents determine custody? Continue reading →

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About 65% of the inquiries I receive in my California Family Law Practice revolve around California custody matters.  If you have read any of my previous blogs or information from the family-law section of my website, you already know that there are many factors for a California Court to consider when awarding custody. This blog post focuses on the factor of physical handicaps in custody cases. Continue reading →

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This blog post is the final blog post in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2, 3, 4 and 5 of this series, about 65% of the inquiries I receive in my California Family Law Practice  deal with custody matters.  California move-away cases are under the umbrella of custody. This blog post on how religious practices of the parents affect California move-away cases. Continue reading →

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This blog post is Part 5 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2, 3 and 4  of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  California move-away cases are under the umbrella of custody. Part 5 of this blog series seeks to focus on the sexual orientation of the parent(s) and how this factor affects California move-away cases. Continue reading →

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This blog post is Part 4 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2 and 3  of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  California move-away cases are under the umbrella of custody. Part 4 of this blog series focuses on the effects of  the emotional bonds,  race affecting  California move-away cases and sexual conduct of parents.

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This blog post is Part 3 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1 and 2 of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  Move-away cases are under the family-law umbrella of custody. Part 3 of this blog series focuses on the situation where one parent seeking to move shares joint physical custody of the child and what the California courts do under such circumstances.

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