All Rights Reserved. Arrests, criminal convictions, terminations from employment or discipline at employment due to substance abuse, medical or hospital records, etc. It is quite another to prove it. The majority of these cases pass smoothly without any issues because parents already have a mutual understanding. After filing, proceed with filing and serving a request for order. The judge will also decide who will pay for the children’s lawyer’s fees. How to Win a Child Custody Case in California In the state of California, divorce is the most common cause for parents to become involved in child custody cases. Few things in a divorce can stir more intense emotions than contested child custody issues. If your position does not have merit, your attorney should candidly share that fact with you. Courage is not the lack of fear. Don’t allow yourself to be tempted to leave your children alone (or even under the care of a pre-teen sitter) for any length of time. In the state of California, divorce is the most common cause for parents to become involved in child custody cases. What to Do to Win Child Custody in California [Child Custody Do’s] When it comes to winning custody, you need to make sure that you demonstrate a willingness to work with your co-parent while also demonstrating that your children would benefit from you having custody. If it does not immediately stop, hire an attorney and seek court intervention. Sometimes, Child Protective Services (CPS) becomes involved, forcing parents to fight against the state. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. If your spouse can accurately claim that you behave irresponsibly around the children by drinking, using drugs, smoking or engaging in other reckless behaviors, they can gain an advantage in your custody hearing. Do not accept anything less than alcohol or drug testing. (b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interests of the child. Every case is dependent on its own facts. First, the custody attorney must look at whether or not the parent who wants to move has sole or joint physical custody of the children. Your choices and any associated discipline for breaking the rules should always be in your child’s best interests. While this varies somewhat based on state law, to win sole custody you must generally show that not granting you sole custody would somehow be harmful to the child (e.g., the other parent is unfit or unwilling to take care of the child for some reason). Please only provide the information the form requests. Seek professionally supervised visitation against the parent if he or she makes false allegations of child abuse. Please read our terms of use page. Let us first tell you what it is not about. Therefore, do not take their promises as genuine. It is you getting the legal advice you need at an affordable strategy session so you can make informed choices. When you do spend time with your kids, make good parenting choices at all times. We are experienced child custody attorneys. Still, there is much you can do on your own at home to improve your chances of success. Family Code 3040(a) states the following: "(a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. Don’t let kids play with dangerous tools or toys, even under your supervision, and don’t allow teens to have romantic partners over for the night. If the other parent falsely claims you are alienating the child, pressuring the child, etc., flesh out those false allegations by taking the other parent's deposition. We must first conduct a conflict check and confirm there is no conflict of interest before we contact you. Understanding California Family Code 7501 is the starting point to strategically plan for success in move away cases. First, find a private Juvenile Dependency Attorney. Here are the roles the attorneys play in child custody litigation. If the reasons are due to physical abuse, serious neglect, or substance abuse, file the request for order quickly. Be as descriptive as you possibly can, even if the occurrence doesn’t seem all that important or relevant at the time. The alcohol or drug test order should also include specific consequences of a positive test. A skilled child custody lawyer will prepare you. Usually, the judge will approve a new custody and visitation order that both parents agree to. How to win a child custody case in California due to a child's preference Family Code 3042 states: "(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation. If the reason is unrelated to the above and the child is not in danger, play devil's advocate. Has never seen the damage alienation causes to a child's mental state. Addicts are unpredictable and unreliable. To win your child custody case, you need to know how Child Custody works in California. It is important to work through these emotion… (g) Nothing in this section shall be construed to require the child to express to the court his or her preference or to provide other input regarding custody or visitation. Document the other parent's misconduct. Whether you like it or not, anytime there appears to be an issue involving setting or modifying a parenting plan in California family law, Family Code 3170 (a) requires that the parties participate in mediation. This is of course ideal and should always be the goal. Whether you are the parent defending your right to custody or the parent asking for custody, you can and should document everything that occurs with relation to the case. Any limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or any statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state's policy of assuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.". In all contested custody disputes, parents should consider retaining a skilled attorney who specializes in child custody. Tell us about your situation and we'll match you with the best lawyer in the Los Angeles area. If you need help finding a lawyer who handles child custody cases, contact the Attorney Referral Service to get started. Step into the court process with the expectation the issues will proceed to a court hearing. The law defines a safe and secure home as being stable, clean, and free from potential risks to the child’s safety. If you are waiting weeks, months, years after the incident and filing divorce following domestic violence restraining order, the judge would be suspicious that the reason for restraining order is to get a child custody in the divorce. Sometimes, it is appropriate to include an automatic suspension of parenting time. Family Code 3011 states, in part, the following: "In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, and consistent with Section 3020, consider all of the following: …(d) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Set up the case for attorney's fees against the other parent if he or she makes false allegations of abuse. 1  As a result, if you are trying to win custody, you need to make sure that the information you present in court demonstrates that awarding you custody would be … This includes anything that shows the abuse. Do not make offensive comments or personal attacks. It’s not easy, but that’s how you win a custody battle against a narcissist. It’s harder than ever for the average parent to work and take care of their children without hiring a nanny or sitter. “Smith-Ostler” Additions to Child Support, Dividing Property in a California Divorce, Divide and Value Jewelry, Antiques and Collectibles, Divide and Value Furniture and Appliances, Lying on an Income and Expense Declaration, Separate Property House Owned Before Marriage, Fees in a Domestic Violence Restraining Order, Here are over 30 proven ways to win a child custody case in a California family court. Gather corroborating evidence of the substance abuse. It is one thing to claim it. Your results may vary. Please do not complete this form for any matter outside of Southern California. Court appointed experts investigate each parent's claims. Family Code 3044(a) states the following: "(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child's siblings, or against any person in subparagraph (C) of paragraph (1) of subdivision (b) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interests of the child, pursuant to Sections 3011 and 3020. (i) The changes made to subdivisions (a) to (g), inclusive, by the act adding this subdivision shall become operative on January 1, 2012.". Parents who hope to win child custody should first become familiar with the child custody laws in their jurisdiction and prepare to show themselves in court to be the better parent. (c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child's best interests. Physically or emotionally abusive against the child. (f) To assist the court in determining whether the child wishes to express his or her preference or to provide other input regarding custody or visitation to the court, a minor's counsel, an evaluator, an investigator, or a mediator who provides recommendations to the judge pursuant to Section 3183 shall indicate to the judge that the child wishes to address the court, or the judge may make that inquiry in the absence of that request. This is of course ideal and should always be the goal. You may still be struggling with feelings of anger, betrayal, and bewilderment after separating or divorcing your partner. Do not pressure the child. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020, and shall not prefer a parent as custodian because of that parent's sex. It may be advantageous for you and your children to see a therapist or counselor for the duration of your case. Gather corroborating evidence of physical abuse which includes testimony from the following: Any other person the other parent has abused. You do not want to spend thousands of dollars only to find out you were wrong about the preference. Promises without a court order mean nothing. If you and the other parent are married, most people start with a divorce petition. If the abuse is that of prescription drugs, request the other parent's. The next practical advice how to win child a child custody case in California is to report the child abuse or domestic violence immediately, without delay. Our family law firm represents clients in each of the seven Southern California counties. Hire a family law attorney early in the process. He or she will work with your family law attorney. Anyone who states differently is either: "(a) For purposes of this act, "abuse" means any of the following: (1) To intentionally or recklessly cause or attempt to cause bodily injury. A Word From Verywell In most states, child custody laws require judges to consider the best interests of the children when determining custody. According to several child custody experts, one of the best means to prepare for and win a child custody trial is to provide solid documentation that can prove one's parental capabilities and fitness. Parental Alienation Syndrome and Awareness, How to win a child custody case in California due to domestic violence against you. If your position has merit, advocate your position in court. We know what it takes to prepare a case for victory. None of the testimonials, case results or anything else written on this website, are a guarantee, warranty, prediction or assurance regarding the results that may be obtained in your case. It doesn’t matter if the person or entity seeking custody lied or misconstrued the situation – it only matters whether or not you can prove the child is safe when you get to court. Other experts on select issues like an addiction expert to evaluate a parent's substance abuse issue. He or she is not your friend. Here are a list of topics we cover. Courtroom Victories or Successful Settlements, What Result Focused Representation Really Means, Pro Bono Services For Domestic Violence Victims, What the Best Family Law Attorneys Have in Common, Breakups That Lead to High Conflict Divorce, Planning For A Contested or High Conflict Divorce, What To Expect From Your Divorce Attorney, What To Expect From Your Spouse's Divorce Attorney. Both parents begin with equal rights to custody; a judge is not permitted to give a … The information you provide does not form any attorney-client relationship. (b) The court may order supervised visitation or limit a parent's custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent's lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made. If the other parent disagrees with your position and there is no settlement, your case will proceed to court. The other person may be a lawyer for the child (called "minor's counsel) or an internal court investigator. *If you are not in either of these areas, please contact your local attorney referral service. Take the other parent's deposition. Interview witnesses and consider taking their deposition. Obtain the appropriate form from the Superior Courts of California to open a family law case. Hire a family law attorney immediately. This website's content is solely for residents of California or residents of the United States or Canada who have a family law matter in California. Assess Your Parenting Style. 10 Ways to Beat CPS - How to Beat Los Angeles DCFS, Child Protective Services in other counties and states. This document also outlines financial responsibilities (e.g., child support) and access rights (e.g., visitation times) to eliminate questions or arguments about who is involved and when. You should always consult with a Family Law Attorney and visit the California Child Custody Website found HERE Related: 10 Ways to Prepare for your Child Custody Case. Creating a support network also tells the judge in your case that you are actively trying to go above and beyond to be a better parent. The sad truth is that a significant number of cases aren’t amicable at all. (3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. A party or a party's attorney may also indicate to the judge that the child wishes to address the court or judge. Ideally, you want to do this long before your child custody case so that you can show a positive pattern of behavior. You can obtain court orders for that. By keeping things above-board at all times, you prevent the other party from accusing you of anything untoward, including abuse, neglect, or a lack of interest in your child. Keep a notebook on you. Our family law firm has offices in Los Angeles, Orange County and San Diego. Instead, hire a reliable adult babysitter with references and first aid/safety training every time. He or she is the other parent's advocate. There is more to this code section than what we wrote, above. In order to win custody of your child or children, it’s important for you to understand the process and follow the steps we have outlined below. Record when you pick your children up and how often you see them and whether or not you argue with your ex or the parent during the exchange. Take the substance abuser's deposition once you have completed items 1 and 2. If the parent does not provide good reasons to oppose your request, your attorney can correspond with him or her. Not only will this help everyone move forward in a more positive manner, but a counselor can also testify as a witness. Please do not provide any description of your situation and do not ask any questions on the form. We do not consult with nor represent any person who is located outside of North America. The part in bold is the part we wanted to emphasize. (b) Abuse is not limited to the actual infliction of physical injury or assault.". 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