Child Custody in California
Parental rights to custody and visitation in California
Does a parent have a right to custody or visitation?It's important to know that the law in California does not recognize a parent's right to custody or visitation. Rather, the law is concerned with what is in the "best interests" of the child. This means that in some cases, one parent will obtain sole custody and the other parent will have limited visitation time, or none at all. In other cases, custody will be shared 50/50. There are many variations.
How does a judge determine what's in the best interests of a child?When a judge determines what is in the best interests of the child, the judge considers the child's health, education and welfare, as well as many other specific factors. Sometimes the child's preference is considered. Each parent's civility in the divorce process and compliance with court orders may also be considered. In short, the resolution of these issues depends on the facts unique to each case. It is in your interest to have an attorney assist you in marshalling the facts that are important and presenting them to the court appropriately and persuasively, while also defending you from allegations against you.