How To Get Full Custody In California
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It is an optional form you do not have to use it but you may find it helpful in making sure you do not leave anything out of your request.
How to get full custody in california. In order to seek full custody of your children in a california divorce as a father it is necessary to show that it is not in your childrens best interests to live with their mother at least a portion of the time. The court needs a compelling reason consistent with the childrens best interest to order full custody to one parent. Custody and parenting time visitation orders find out how to ask for a custody andor parenting time visitation order respond to a request or change an existing order.
If the parents did not come to an agreement about all of their custody and visitation issues during mediation the judge may order a custody evaluation. Summons uniform parentage petition for custody and support form fl 210 and. A custody evaluation generally takes up to 60 days.
Any parent who is requesting full custody in california has to be prepared to submit convincing evidence to the family court. If the parents cannot agree the judge will make a decision at a court hearing. Use the information sheet for request for order form fl 300 info for information on how to fill out the request for order.
Ask your family law facilitator if you need to check the box for court order and item 4 on fl 300. You can also fill out the child custody and visitation parenting time application attachment form fl 311. Declaration under uniform child custody jurisdiction and enforcement act uccjea form fl 105gc 120 video instructions.
Optional form but it may help you. As you can probably imagine this is usually an uphill battle. The judge makes the final decision about custody and visitation but usually will approve the arrangement the parenting plan that both parents agree on.
A parent requesting full custody in california must be prepared to submit persuasive evidence to the family court. In california either parent can have custody of the children or the parents can share custody. The court will require valid reasons that are consistent with the childrens best interest to order full custody to one parent.
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