In many instances, a parent will not agree with a court’s order regarding the custody of a child. While there are appropriate means for asking a court to modify or reconsider a custody order, some parents, unfortunately, take matters into their own hands and simply disregard a court-ordered custody agreement, and withhold a child from the other parent. Fortunately, however, the law provides avenues for parents who are seeking to remedy the unjust denial of access to their children. If you need assistance with a child custody matter, it is critical to engage a trusted California child custody attorney to assist you in protecting your rights.
Establishing Child Custody
Under California law, both parents are presumed to have a right to custody and visitation. Thus, if no existing order establishes custody of a child, either parent can seek court intervention to establish custody. A written order is essential as it helps parents protect their rights in the event a co-parent attempts to withhold a child. A court asked to decide a custody matter will set forth an order that is in the child’s best interest after considering factors such as the health of the child and each parent, the child’s needs, the parents’ resources, and any other relevant factors. It is important that the order contains clear provisions for the division of custody, including dates and times for exchanges and methods for resolving any disputes.