That is very different than making orders other than full custody. Certainly, parenting time may be limited and other orders can be made to protect the children, short of an order for sole legal and sole physical custody. A parent concerned about substance abuse should be vigilant in retaining a good family law lawyer. A parent faced with another parent who uses illegal drugs or abuses prescription medication or alcohol should be vigilant in his or her retention of an experienced family law attorney to evaluate the facts and determine what requests should be made to the court and. Since every factual situation is going to be unique, no article will evaluate your specific situation. What about a parent who is facing allegations of substance abuse in a child custody case? Similarly, a parent facing a full custody (or any) request against him or her must be prepared to submit evidence that he or she does not abuse alcohol or use illicit drugs.
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This presumption may only be rebutted by a preponderance of the evidence. Section 3044 then goes on to state how you rebut the presumption. Practically and pragmatically, that means that a judge should favor a sole legal and sole physical presentation custody request when one parent has been found to have committed domestic violence. That however is not a conclusive presumption but rather a rebuttable one which means that the parent facing such a request can produce evidence to avoid a sole legal and sole physical custody order. What impact will drug or alcohol abuse writing have on a full custody request? The court can take substance abuse into consideration when evaluating a request for full custody by one parent. This includes drug or alcohol use and abuse of prescription medication, the latter of which is becoming an epidemic in America. Parents often make the mistake of thinking that a simple allegation or even proof that the other parent has used drugs or alcohol is, by itself, enough to support a sole legal and physical custody request. California law generally requires more than just the bare allegation that one parent uses drugs. For example, to get an order for an alcohol or drug test, a parent must show habitual, frequent or continual illegal use of alcohol or drugs. That is because the focus is on the childrens best interest and unless alcohol or drug use has reached that point of compromising the childrens best interest, family law judges may hesitant to make a sole legal and sole physical custody order.
Similarly, a parent who is facing a full custody order against him or her must be aware that he or she cannot just walk in the court and assume everything will work out. Although a request for full custody is not something that a court should mini ever take lightly, a defending parent must be vigilant in his opposition and be prepared to set forth to the court why the requesting parent does not meet his or her burden. In addition, a parent opposing a request for full custody should consider whether he or she should make a counter request for full custody if the request for custody by the other parent is made in bad faith. This includes but is not limited to situations where the other parent has engaged in misconduct such as false allegations of abuse, parental alienation, improper influencing of the children or interference with joint custody rights and is using any of that as a basis for. What is the evidence the court will need to rule on a full custody request? Will a finding of domestic violence support a request for full custody in California? The short answer is yes unless the other parent can persuade the court that the presumption of Family code 3044 should not be applied. Family code 3044 in subsection (a) states: Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the childs siblings within the previous.
If you are a real visual person and want to see a cool graphic we created regarding some of the more common ways you can get full custody in California of your children, visit this pdf page entitled. Sole custody in California of Children MindMap. To contact us, please fill out the form at the end of this article or call us at any one of our three orange county offices. To reach us at our central office in Santa Ana, call us at (714) 937-1193. A parent requesting full custody in California must be prepared to submit persuasive evidence to the family court. The court needs a compelling reason consistent with the childrens best interest to order full custody to one parent. We have a written a comprehensive guide on California child custody laws which discuss Californias public policy of favoring frequent and regular contact with both parents and generally favoring joint custody. A parent who seeks full custody in California needs to be aware of this because walking into the case blind and with the thought that persuasive evidence (more than just your word against that of the other parent) justifying a sole custody order wont. A parent opposing a full custody request estate must not take the request lightly.
You have a california divorce and you are concerned about your kids. You are asking, how do i get full custody in California of my child? And you want answers. We are here to help. First, we have to make sure we know what full custody in California really means so you are clear. Full custody is the term that parents sometimes use when referring to the legal term of sole custody. Sole custody comes in two forms sole legal custody and sole physical custody. There is a significant difference between the two and in this article we will discuss how parents can and should obtain.
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