What is California family law?
LawInfo’s California Family Law section includes information about divorce, marriage, child custody, adoption, paternity, domestic violence and other topics. It contains legal overviews, summaries of state laws and other resources to help you make the right decisions for you and your family.
How do I open a family case in California?
The most common way to ask for a court date on custody issues is:
- Fill out your court forms.
- Have your forms reviewed.
- Make at least 2 copies of all your forms.
- File your forms with the court clerk.
- Get your court date or mediation date.
- Serve your papers on the other parent.
- File your Proof of Service.
What is the California law for child custody?
In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.
How long does a child custody case take in California?
Hearings are scheduled in blocks. Arrive on time, but be prepared to sit through other hearings before you’re called. At the end of your hearing, the judge will tell you the next step for your case. If another hearing is necessary, it will usually be scheduled for 30 to 90 days out.
Who decides child custody in California?
How Does a Judge Decide Custody in California? Under California law, the court begins the custody evaluation by presuming that both parents are equally entitled to custody of the child—meaning, the judge doesn’t begin the evaluation with a bias towards one parent or the other. (Cal. Fam.
Can a father take a child away from the mother in California?
In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.