The mexican lawyers may be able to use a california law firm to file a custody suit in california and the immigration lawyer may work with the family law lawyers to get you back to california and your child. Filing process the process for filing for sole custody in california depends on whether a divorce or separation is currently pending or about to be filed.
Sole custody is also sometimes called full custody in many child custody cases sole or full custody may be the goal for one or both parents especially when there is an inability to effectively co parent due to factors such as not getting along living far apart or if one parent is deemed unfit to care for the child.
How to get sole custody of my child in california. Each of these can be broken down into either sole custody also known as primary custody or joint custody arrangements. This information sheet is also available in spanish chinese korean and vietnamese. Either way the suit will have to be filed in california where the child lives.
If a mother has sole physical custody this may refer to the fact the child s father is not involved in the child s life. How you get custody as a mother in california is partly dependent on the facts of the case but also how you advocate. Don t take california child custody law and procedure for granted.
However it could also indicate that the child lives with the mother most of the time and sees their father on a less frequent basis. Your level of preparedness is a key part to your child custody wishes. Contested custody or visitation cases where the parents cannot agree are complicated.
Two kinds of child custody exist in california. Check with both immigration and family law lawyers in mexico. To get an overview of the child custody and visitation process read the child custody information sheet form fl 314 info.
When most people think about sole custody they tend to be thinking about sole physical custody. Physical custody and legal custody. In such cases sole custody is awarded to the custodial parent while the.
It is a mistake to walk into family court with assumptions about how things will go. Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child s siblings within the previous five years there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person. While california unlike some other states has no preference for joint custody in order to obtain sole custody you still must show the arrangement is in the child s best interest.
In most cases a sole custody arrangement. Like legal custody physical custody can be either sole or joint physical custody.