

Issues To Know Regarding California Child Custody and Visitation
The various issues that can come up range from the child’s preferences to counseling, criminal convictions to the threat of abducting or actually abducting the child, interfering with child parent relation and so on.
Child’s preferences
Under section 3042 of the California Family Code, the preferences of the child regarding decisions about custody are given much consideration. But the Family Court takes into consideration the maturity of the child, any influencing from the parents, and possible alienation of one parent by the other parent before acting on the child’s preferences.
Counseling
The court evokes section 3190 of the California Family Code to ask for mandatory counseling of the child involved in a child custody case. It is up to the family law judge to ask both or either of the parents to accompany the child to the counseling sessions. The court may have statutory reasons to get the parents counseled as well, either together or separately. Any disputes between the parents have to be resolved for the best interests of the child. Counseling can last to up to a year.
Criminal convictions
Criminal convictions of either parent in crimes related to child abuse will have a significant influence in the outcome of a child custody and visitation case. The guilty parent will most certainly not get the custody, either sole or supervised, of the child in question unless it can be proven that the child will not come to any harm.
Any other criminal offence other than child abuse such as substance abuse or use of violence, will elicit the same response from the family court. The criminal history of the offender does not matter as much as the details of the present case. The matter of sole custody is out of the question but joint legal and physical custody may be granted.
Consult a practicing lawyer experienced in California family law. Child custody cases need strategizing and a professional lawyer will successfully guide you through this.
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.


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