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orange county child custody attorneys; The Maggio Law Firm

California Child Custody Myths

orange county child custody attorneys; The Maggio Law FirmCalifornia statutes which deal with child custody settlements have been often subjected to a lot of falsehoods and myths. However, as aforementioned, these are only myths that have no grounds to prove their authenticity. The actual law is quite different from what the popular opinion has become. We are going to bust several of such child custody related myths that have been doing rounds in the State of California for quite some time now.

Myth #1: Gender is relevant in deciding child custody cases

One of the most common myths about California law is the fact that the law favors one gender over the other in determining the child custody settlements. Many a times, we have witnessed that the fathers often tend to be on the losing side when it comes to obtaining full child custody. However, the reason for such occurrences can be attributed not to a gender bias, but to the simple fact the father often fails to state his merit in handling the kid, above the mother. California Family Code 3040 implies that the court shall not prefer a specific parent as the custodian on the grounds of his individual sex. 

Myth #2: A teenager gets the liberty of deciding his child custody

Notwithstanding California Family Code 3042, which states that teenage children get to state their preferences regarding their choice of living arrangements with a parent, it doesn’t imply that they have the liberty to simply pick where they live. The law states that the court is obliged to listen to the requests of children above 14 years of age. However, it does not mandate the court’s obligation to decide the verdict in sync with the child’s wishes. 

Myth #3: The parent who has temporary custody before a formal court order gets to keep it permanently

There is a widely prevalent myth that the parent who has the custody of the child prior to a formal court order, gets to hold the custody after as well. However, this is absolutely in contradiction with the actual statutes of the California Family Code section 3046 that states that the absence of either parent due to relocation or other circumstances will not be considered while making child custody and visitation arrangements.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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