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child custody and support Archives

Making a child custody hearing more convenient

Parents in California or any other state who get divorced generally have the ability to retain a relationship with their children. In most cases, a judge will determine who has custody of the child as well as the rights of the noncustodial parent. However, it is possible that a child custody hearing will be scheduled at an inconvenient time or in an inconvenient location. Fortunately, parents may be able to appear at a hearing by phone or by video.

Why joint custody is becoming more popular

Traditionally, mothers usually got sole custody of their kids after a divorce. However, over the past three decades, it has become more common for parents to share custody of their children. Generally speaking, most child custody cases in California and throughout the country start by assuming that joint custody rights are in the child's best interest. In some cases, a parent may be entitled to legal custody without being granted physical custody rights.

Planning makes custody transitions easier on everyone

The implementation of a child custody plan can be as hard on the parents as it is on the children. For parents in California who are moving toward a new child custody arrangement, there are a few things to keep in mind that can prepare the whole family for the transition. Among the most important things are giving the children enough notice, communication between the parents and setting the kids' expectations.

Study raises concerns over courts' handling of abuse

Some people believe that fathers face discrimination in California child custody cases. While in the past mothers were often believed to be the "natural" caregiver for a child, courts have long since shifted to a model that prefers shared physical custody. In fact, many studies have found that when fathers pursue custody, their claims are given a higher level of credibility in the courtroom and they are more likely to be successful than mothers. Some research has pointed out troubling numbers that could indicate that credible abuse claims are being pushed aside in decisions that could be related to stereotypical or social beliefs about fathers and mothers.

DNA testing plays a pivotal role in family law

California residents facing child support issues, child custody cases and paternity questions may benefit from having a better understanding of the role that DNA testing plays in the court's decision. Many cases require some form of DNA testing before parentage can be determined.

Proving that a child is in danger

Parents in California and throughout the country should not be afraid to speak out if they believe that their children are in danger. Judges will thoroughly investigate any claims that a child has been abused or witnessed others being abused in a home. As part of the investigation, a court will seek assurances that a parent is not making false accusations as a means of obtaining custody of a child.

Tips for when a child wants to live with the other parent

After California parents get divorced, the children usually spend more time at one household. However, a child may eventually express a desire to live with the other parent. If this happens, there are several things the custodial parent may want to do.

When children disagree with physical custody plans

One of the most complicated challenges a custodial parent may face after a divorce is handling a child's request to live with the other parent. There are a variety of legitimate motives a teen or young person might have for making this request, but there are some guidelines for what to do in this situation. California parents may want to consider the following tips.

Supervised visitation aims to protect a child's safety

Some California parents may not be considered fit or able to provide regular parenting care for their children. In addition, there may be concerns that kids could experience dangers or harms if regular parental visitation is granted. However, family courts recognize that children have a strong interest in an ongoing relationship with both of their parents. As a result, judges may order supervised visitation, which is when a noncustodial parent is only allowed to see their kids in the presence of another person acting as a supervisor. While the supervisor is often a professional like a counselor or social worker, it could also be another family member.

Contact

The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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