California Statutory Criteria For Determination of Custody Disputes

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Family Code § 3022 provides the court with authority to make an order for the custody of a minor child that seems necessary and proper during the pendency of a proceeding or at any time thereafter.  

California family law courts use Family Code § 3040 to establish the order of preference in granting custody in divorce actions.  The first section of this code section provides that “Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020.”

Parties involved in a custody dispute would be wise to review Family Code §§ 3011 and 3020.  Since these two sections outline the criteria that California judges use to determine custody disputes, parties to such actions should address these factors in their declarations when providing testimony and argument.  Successful litigants spend time addressing facts that directly address these factors.  Spending too much time on facts that do not relate to the above sections may distract the judge from focusing on the facts that are needed for a successful outcome.  Attorneys who practice exclusively in the area of family will know how to take unique facts of individual custody disputes and explain to the Court how those facts apply to the factors found in §§ 3011 and 3020.  


Comments

  1. Sourav showSeptember 11, 2021 at 7:58 PM

    At the Law Office of Samuel E. Thomas, we use detailed analytical techniques, piercing investigation strategies and proven legal skills to offer effective representation in high-asset divorce situations.Law

    ReplyDelete
  2. Metts Law firmAugust 13, 2024 at 4:36 AM

    Thank you for outlining the statutory criteria for divorce in California. At Metts Law Firm, we assist clients in navigating these legal requirements with clarity and support. Understanding the criteria is crucial for ensuring a smooth process, and having experienced legal guidance can make a significant difference. If you need help with divorce proceedings or any other legal matters related to family law, disability, or personal injury, feel free to reach out to us for expert advice and representation. Divorce and Personal Injury Attorney

    ReplyDelete
  3. Ahmad21117530December 14, 2024 at 1:15 AM

    Thanks for sharing this information. I like your blog post very much. You have shared an informative and interesting blog post with people. utah dispute resolution

    ReplyDelete

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