If the parents cannot agree, the judge will make a decision at a court hearing. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. In California, either parent can have custody of the children, or the parents can share custody. You also need to decide on “visitation,” which means how each parent will spend time with the children. In your case, you will need to decide on custody. “Child custody” refers to the rights and responsibilities between parents for taking care of their children. For example, you will often hear the words “custody” and “visitation” being used in separation and divorce cases.
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Then, you can work with your attorney and file a motion to modify your custody agreement and protect your child.This section helps you understand some legal words that are used in family court to describe the sharing of parenting responsibilities. In the meantime, if your child is in urgent danger, you should call the police. Serious mental health concerns (psychotic breaks, hospitalizations, unstable or erratic behavior).Drug and alcohol abuse that places the child at risk of harm or creates a negative influence.Placing the child in circumstances, either through action or failure to act, that put them in danger of abuse by others.Physical, emotional, sexual, or psychological abuse (including verbal abuse).If one of the parents is engaging in behaviors that could endanger the child, the court could modify the order and remove or substantially limit that parent’s rights to physical custody.īehaviors that could justify a child custody modification due to endangerment may include: Since the child’s best interests are always the most important consideration, endangerment is one of the most compelling reasons a judge will change custody. Since you’ll need to present evidence in court, it’s always best to work with an experienced family law attorney to modify child custody based on violations of the existing agreement or order. Besides filing for a custody modification, you can also ask that the other parent be held in contempt of court. You’ll have to provide proper notice to the other parent and present evidence in court that demonstrates the violations are a substantial change of circumstances affecting the welfare of the child.
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If this is the case, you can file a petition to modify the child custody order. Perhaps they’re not returning your child to your home on time every week, or they’re refusing to tell you when they take your child on road trips out of town. Now, the other parent isn’t holding to it. Both of you are supposed to follow this order.
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When you and the other parent initially went to court, you ended up with a custody order, either through agreement or the judge’s decision. For example, an agreement might say that the custodial parent has to provide notice a set amount of time before moving, or it could forbid the custodial parent from moving out of state. The relocation would have a significant negative or positive effect on the child’s life in some other way.Īs part of a custody agreement or order, the parents or the court can limit the custodial parent’s ability to relocate with the child.
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