Family Law Lawyer Tips: Child Custody in California

Family Law Lawyer Tips: Child Custody in California

20:13 23 January in Blog Posts, Family Law
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As a family law lawyer in Santa Rosa, California, Richard Sax has helped clients settle their family disputes in court for over 40 years. Divorce is never easy, and such a complicated matter is made even more complex when child custody disputes come into play. Let’s discuss some of the most important information to know about child custody in California.

Types of Child Custody

There are two types of child custody: physical and legal. In physical custody, the parent has the rights for the child to physically live with them, whether that physical custody be certain days of the month or full-time. Legal custody refers to the parent’s rights to make decisions about the child’s health, safety and well-being.

Equal Rights in California

In the state of California, one gender is not favored over the other for who gets the most say in custody. Instead, the court will always determine custody by what is best for the children.

The Kids Have a Voice Too

Kids over the age of 14 are considered able to testify in court as to what custody arrangements desire. Children under this age must prove that they are able to make a rational, wise, informed decision to be able to testify.

While children are allowed to express what they want, judges will not base their decision solely off of what the kids say. Instead, a child’s testimony is often used as a contributing factor in the final decision.

How You Can Respond to a Request for Child Custody

There are three ways you can respond to this type of request:
1. Agree to the terms
2. Contest the request, leading to either both parties negotiating a solution together or taking the argument to court
3. Ignore the divorce papers, which in turn will be seen as acceptance of the terms in six months because of your failure to respond in the state of California.

Fighting a Child Custody Request

If your spouse has filed a request for child custody that you do not agree with, you have the right to fight back. Richard Sax is the family law lawyer in Santa Rosa, California who can fight for your rights. With over 40 years of experience in family court, he has the skill and expertise needed to help you navigate the complicated family law in California. He will make sure that your voice is heard. Call the Law Offices of Richard Sax at 707-525-1824 or email richard@rsaxlaw.com to set up a free initial consultation.