In general, parents cannot be prevented from having access to their child`s school, medical and dental records, whether or not they have custody of the child. California Family Code 3025 also grants non-custodial parents rights to a child`s “medical, dental, and school records.” Courts should not issue unilateral orders to change custody unless there is evidence of direct harm to a child or the child is removed from the state. Joint custody does not mean that the parents spend the same amount of time with the child or that the child spends exactly half of his or her time with each parent (i.e., 50/50 custody). On the contrary, joint custody simply means that both parents spend a lot of time and often with the child and that both parents have the same responsibility to physically care for the child. Sometimes, when transferring custody to one of the parents would harm the children, the courts give custody to someone other than the parents because it is in the best interests of the children. Usually, this is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot care for them. Click here for more information on guardianship. If you`re worried that the other parent wants to move with your children, or if you think you want to move with the children, talk to a lawyer before creating a parenting plan to make sure your plan protects your rights as much as possible. A custody decision can only be made in 1 state. Once the first state has made a custody decision, another state cannot make another “first” decision or amend the existing order. Keep in mind that while the label of physical custody (“together” or “alone”) that you agree to in your parenting agreement is important, in the event of a legal dispute, the court usually reviews the actual parenting plan at the time of the move, rather than relying on the schedule that the parents have included in their parenting agreement. Access to records and information about a minor child, including but not limited to medical, dental and school records, cannot be denied to one of the parents because that parent is not the custodial parent of the child.
(Family Code § 3025). If, on the basis of the investigation described in section 3027 or other evidence presented to it, a court finds that an allegation of child abuse or neglect made during the custody proceedings is false and that the person making the allegation knew it was false at the time of the allegation, the court may impose appropriate fines. A parent who has been the victim of domestic violence by the other parent may meet separately with the custody officer. Joint custody means that both parents have the same right to make important parenting decisions. Another exception is the confidential portion of a family law file. There, custody advice and recommendations are given and only certain persons (including the parties and their lawyers) have access to them. Article 3044 of the Family Code gives rise to the presumption that a parent who has committed domestic violence in the past 5 years should not have joint or exclusive custody of a child and that such custody would be detrimental to the child. Child health: The needs of a healthy child are not the same as those of a child with special needs or a chronic illness. Health problems may need to be taken into account. Here`s how we want to read ours, but there are exceptions. Keep in mind that each case may be different, so what we list here may not be your order or legal situation.
And you can`t refuse to pay child support just because the other parent won`t let you see your children. However, family allowances and childcare are linked, as the time each parent spends with the children affects the amount of family allowances. Click here to learn more about child benefits. Often, joint custody is also accompanied by a provision that assigns “primary custody” of a child to a parent. It simply means that the parent with “primary custody” is the parent with whom the child lives primarily for the purposes of registration. Joint custody does not mean that children have to spend exactly half the time with each parent. Usually, children spend a little more time with 1 parent than with the other, because it is too difficult to divide the time exactly in half. If 1 parent has the children more than half the time, that parent is sometimes called the “primary custodian parent.” Article 3040 establishes the order of preference for childcare: first for parents, then for qualified third parties. If there are limits to the ability to take your children outside of your country or state, you will usually need a court order that will give you a special permit to travel. This means that even if a father or mother loses custody of a child, they can still make small decisions necessary to care for the child during the visit or parental leave.
It is also an often abusive provision for joint custody. However, it is important to note that if you and the other parent get joint custody and you and the other parent cannot agree on an issue related to your child`s health, education and well-being, you and the other parent must go to court and let the judge decide: It is in the best interests of your child. In these situations, it is important that you first consult an experienced lawyer of Wallin and Klarich who will assist you in the proceedings. In some situations, the court will decide that you or the other parent should not have joint custody. This is often the case if you or the other parent is incarcerated, if you have a history of serious mental health problems, if you have a history of domestic violence, or if, for some other reason, judges believe that you or the other parent should not make decisions about your child`s health, education and well-being. Before entering the arena of family law and custody struggles, people tend to talk about “custody” in a very general way. However, if you have established parentage in California by obtaining a court order or signing an official declaration of paternity, you have the right to request and access your children`s school and medical records at any time in accordance with Family Code 3025. This is comparable to medical care. Bringing a child to therapy is a big problem and requires parental consent. This is a commonly abused joint custody arrangement. We will explain later how the parent who is illegally deprived of this information should treat it. It is often a bad idea, when there is no urgency, to rush to court.
Family judges often ask, “Have you both tried to figure this out?” If your answer is, “No, your honor, I didn`t want to talk to ____ (enter the other parent`s name),” you may have a skull and maybe not a favorable verdict.