Get Answers to Common California Custody Questions
Posted on: July 16, 2019
If you and your co-parent do not have a custody agreement that everyone agrees on, then you may need to take legal action. The first step is to contact a family law attorney who can help make sure your rights are protected. Do that by calling Law Office of Michael L. Fell at (949) 585-9055 , or read on to get basic answers to some of the most common questions about child custody in California.
Can Co-Parents Make Decisions on Who Gets Custody?
If co-parents get along well enough to decide on who should get custody, it can generally work for them to do so. However, a judge will have to look at the agreement and approve it before it becomes an official court order.
What Happens if Parents Can’t Agree on Custody?
If the parents cannot come to an agreement on custody, then a judge will make a decision based on what they believe is in the best interest of the children. The judge will consider numerous factors, including whether both parents can financially afford to care for the children, history of abuse, and other factors.
If a Parent Has Mental Illness Can That Affect Child Custody?
Yes, but not always. In the event a parent has a serious mental health issue that prevents them from reasonably caring for their child, they may not be granted custody. However, if a parent has depression, anxiety, or another mental health issue that is treatable, and said parent is getting treatment, then their mental illness does not need to be considered relevant at all.
How Old Does a Child Have to Be Before They Can Choose Which Parent to Live With?
We often hear from parents who believe that at a certain age, children are able to choose who they want to live with. The truth is that the judge is one that makes the decision, no matter how old the child is. That said, they will likely be interested in the preference of the child when said child gets to about 12 years old. This will just be one factor they will consider though.
Can I Still Move Out if I Want to Fight for Custody?
We do not recommend it until you have spoken to an attorney and secured a temporary custody order. If you do move out, and you leave your child behind, it will be harder to convince a judge that you are the “better” parent. If you were, why would you leave your child with the other parent? It is also true that judges are more likely to stick with the status quo than change it. If the status quo is that your child lives with the other parent, you will have a hard time.
The best way to get answers to your specific questions about California custody agreements is to contact Law Office of Michael L. Fell at (949) 585-9055 and request a free legal consultation.
