Family law code is a body of statutes and case precedents that govern legal responsibilities between individuals in a family. Division eight through nine of California Family Code outlines all matters to do with child custody and child support. If you have a possible legal proceeding in your future, want to prepare yourself for a legal proceeding, or just have questions regarding specific areas of family law, family code is a database of all matters related to family law. Below is a brief summary of codes related to child custody and child support.
- Chapter four, section 3080-3089 describes the grounds for which joint custody can be granted. it explains that the court will determine the right of each parent with custody, including the right of the court to determine one parent as the primary caretaker. This statute also allows the court to grant joint legal custody without granting joint physical custody.
- Section 3100-3105 goes into detail on visitation rights. It holds that the court will grant reasonable visitation to a parent, unless it is proven that the visitation would be detrimental to the child. It states that reasonable visitation can be granted to step parents, grandparents, siblings, or others can also be granted reasonable visitation depending on the child’s situation and the child’s best interests.
- Section 3110-3118 goes into detail about the court’s right related to custody evaluations and reports. It describes the specific stipulations for hiring and choosing a child custody evaluator, and the rights of the evaluator and the party being evaluated.
- Section 3120-3121 outlines the process for an action for exclusive custody. Under this statute, each party is entitled to access to legal representation. This section allows attorney’s fees to be awarded in some situations.
- Section 3130-3135 and section 3140 have to do with determining when a child is a missing person, and what to do when a child is missing while their custody is being determined. If a child’s whereabouts are unknown while the child is involved in custody case, the district attorney is obligated to do everything they can to find the child and have them appear in court.
- Section 3150-3151 allows a child to be be appointed with a representative, when it is in accordance with the child’s best interests.
- Chapter 11 goes into detail about mediation, visitation, and counseling for parents and children. Under the general provisions, the court shall make a mediator available to reduce acrimony between parents, to ensure the child is in regular contact with both parents and that decisions are being made with the child’s best interests in mind, and to effect settlements to visitation and issues.
- Section 3190-3192 holds that the court can require any party in a custody or visitation dispute to attend counseling with a mental health professional.
- Division nine outlines issues of support. The general provisions for this section are also referred to as the uniform Child Custody Jurisdiction and Enforcement Act.
The above information is only a short synopsis of family law code. For detailed information and analysis, always consult with a qualified and experienced family law attorney.