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California Child Custody and Parents Who Are Registered Sex Offenders

The California courts assume any child living with a parent or third party who is a registered sex offender (against the children) is at significant risk. The court also believes that a child living with a parent or third party who has committed a felonious act against a minor is at substantial risk. This assumption is referred to as “prima facie” evidence. If a party has committed the above types of crime, the California court will require the convicted party to prove that the child will not be at “significant risk” in their custody. The convicted party/registered sex offender will…

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California Child Custody Cases and Existing Restraining Orders

Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But the most difficult of all California child custody cases are often those that have restraining orders involved. If there is a protective order in place, do not violate the terms of the order under any circumstances. Many assume that an attempt at reconciliation or actively seeking to behave in a civil manner to the other party to de-escalate is appropriate, but they are not. Neither civil behavior or reconciliation negate…

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The Impact of Domestic Violence on California Child Custody Cases

Does domestic violence matter when a family law judge is considering a case for California child custody? Does it make a difference in the judge’s order for legal or physical custody or for the amount of visitation that a parent will receive? This article will address these frequently asked questions. If there is a finding of domestic violence, and the parent who was the victim seeks and receives a restraining order, does that mean that the restrained parent must stay away from the other one? Does this affect custody of the children? In most cases, the answer is yes. A…

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Child Custody Battles for Parents With Criminal Records

Child custody decisions are tough and it could be even tougher if you have spent a while in prison. In any court of law in America, the decision will be in favor of the child’s best interests. Your child will play the most important role in your custody battle. If the court finds that you were incarcerated, then it will first examine the residential status of both you and your spouse. Additionally, it will check the physical and mental condition of both of you. Legal custody Your incarceration in itself won’t be a ground for losing custody of your child,…

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How Does Having a Criminal Record Affect Child Custody?

If there are children involved in a divorce and there is a battle over which spouse gets custody of the child or children, then either spouse having a criminal past or record can lower or even completely eliminate their chances of getting joint/shared or sole custody of the child. Also, one spouse can use the past criminal record or history of the other spouse to eliminate their chances of child custody and even rights of visitation. This is permitted by state laws in California under certain legal provisions, hence it is vital that the spouse with the criminal past hire…

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