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California Child Custody Laws – An Overview

For parents facing a child custody battle, knowing every law concerning child custody will not be necessary. Like most cases, child custody cases will usually consist of only a handful of rules and legislation. Still, being aware of certain laws that frequent family court can be beneficial. Above all, if you are facing a child custody battle, obtain the support of a qualified family law attorney who can uphold your parental rights. The Inland Empire family law attorneys at Milligan, Beswick, Levine & Knox, LLP can provide you with the support you need.

At Milligan, Beswick, Levine & Knox, LLP, the firm understands how difficult child custody cases can be. For this reason, the firm is dedicated to giving every case the attention it deserves. If you are facing a child custody battle, consider obtaining the support of Milligan, Beswick, Levine & Knox, LLP. Contact the firm today to discuss your best legal strategy.

Important Child Custody Laws You Should Know

The following is a shortlist of California Family Code sections you should know before a California custody hearing.

  1. Family Code §3010 – The Equal Right to Child Custody – In California, unless a court order says otherwise, the parents of a child both have equal legal right to the custody of their child. Family Code §7611 holds information with regard to fathers’ rights.
  1. Family Code §3011 – The Best Interests of the Child – In every custody case, the best interests of the child are the most important factors in determining who gets custody of the minor. The best interest of the minor will usually depend on the health and overall well-being of the minor. A court will consider how each parent can maintain the family home and provide essential necessities for the child, including food, clothing and healthcare.

Other issues that will be considered include sexual abuse, drug, or alcohol abuse on behalf of the parents. If the parents’ background suggests that having custody of the minor is not in the best interests of the minor, the parent will not be awarded custody.

  1. Family Code §3024 – Notice of Relocation – Following an order determining custody rights, the parent awarded custody of the child may seek to relocate with the child. Based on this code, non-custodial parents should be notified of the desire to move.
  1. Family Code §3062 – Temporary Child Custody and the Right to a Hearing Within 20 Days – Under this section, courts have a right to issue or extend temporary or emergency child custody orders under specific conditions. A court generally will not make an ex parte order to modify an existing order unless there is evidence of harm to a minor.

Hire the Support of a Skilled Child Custody Attorney Today

Child custody cases are important and it is therefore important to be aware of what laws can affect your case. If you are facing a child custody battle, consider obtaining the legal support of a skilled family law attorney. A well-versed child custody attorney will ensure the best possible outcome is reached on your behalf.

The family law attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in child custody cases. When facing a child custody dispute, the firm can assess your case and help you develop a winning strategy. Consider contacting the firm today to schedule a complimentary consultation.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.