San Diego California Custody Agreement
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FAQ
Before you can request custody, you must open a family law case with your county's superior court; this can be a divorce, a request for a domestic violence restraining order, a paternity case or a petition for custody. Then you file a request for a custody order, which can be done by either parent.
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.
With that being said, most experts recommend a 50/50 schedule when possible, because it provides your child with substantial amounts of time with both parents. A 50/50 co-parenting plan also helps children feel like both parents care about them and really love them.
The most common joint custody arrangements include the 2-2-3 plan and the 2-2-5 plan. Both involve spending alternate sets of days with either parent. Also common is the alternate week plan, where the child spends one week with a parent and the next week with the other.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.
Any parent who is requesting full custody in California has to be prepared to submit convincing evidence to the family court. The court will require valid reasons that are consistent with the children's best interest to order full custody to one parent.
The most common way to ask for a court date on custody issues is: Fill out your court forms.Have your forms reviewed.Make at least 2 copies of all your forms.File your forms with the court clerk.Get your court date or mediation date.Serve your papers on the other parent.File your Proof of Service.
In order to gain custody of a child, a parent must make a request with the court, called a petition for child custody. This request must be filed with the Family Law Court of the Superior Court of California in San Diego.
The courts can award sole custody to one parent or award joint custody to both parents. The court can also award temporary custody of a child if necessary during the custody and dispute process.