Losing custody of your children is possibly every parent’s worst nightmare. In most cases, California courts want to see a child maintain a relationship with both biological parents as long as it is safe for the child. In cases where the courts believe that split or joint custody is not in the child’s best interest, the judge may give full custody to one parent. If you have concerns about your custody situation, you may benefit from speaking with a Sherman Oaks child custody attorney with Diarian & Bociaga Family Law Advocates.
Child Custody in California
In California, child custody refers to a parent’s rights and responsibilities to care for the child and make decisions on their behalf. Most agreements will address legal and physical child custody. Legal custody provides the ability to make important medical, educational, or religious decisions for your child, and physical custody refers to who your child lives with most of the time.
Legal custody may be granted to one or both parents based on the child’s needs. Generally speaking, parents will receive joint legal custody, allowing either parent to make the necessary decisions for their child. However, some circumstances may mean one parent has sole custody of the child.
Abuse and Neglect
A child who is subjected to abusive or negligent parents is a child who is not safe or thriving. In these cases, a child can be removed from the parent’s custody creating or allowing these conditions. Situations that may be considered abuse or neglect include:
- Failure to provide adequate food, shelter, or clothing
- Failing to provide adequate supervision or education
- Failing to provide appropriate medical care
- Sexual abuse
- Physical abuse
Substance Abuse and Mental Health
Those who struggle with substance abuse or other mental health conditions are not inherently poor parents. However, the volatility and dysregulation often associated with these conditions may prevent the parent from providing adequate care or a safe environment. Simply struggling with addiction or mental health is not a guarantee the parent will lose custody, but it may be cause for concern that affects custody or visitation agreements.
Intimate Partner Violence
Relationships involving intimate partner violence are all too common. The California Health Department shares that nearly 20% of women and 15% of men have been the victim of domestic violence. When a child lives in a home with intimate partner violence, it can cause significant emotional trauma and effects throughout the rest of their lives. A parent who is engaging in domestic violence may be at a much higher risk of losing custody of their child.
Poor Co-parenting
In cases where one parent is commonly absent, does not have a relationship with their child, or actively disrupts the other parent’s attempts at co-parenting, a judge may determine it is in the child’s best interest to award the primary parent full custody. This may also include a parent who intentionally or continuously violates a custody order or parenting plan. Ultimately, if the judge feels that one parent is not acting in the best interest of the child, they may allow a custody modification.
Protecting Your Children in a California Custody Case
Whether you are a loving and well-meaning parent whose custody is at risk or a parent who is concerned about the parenting capacity of the other person, California operates with a standard of the child’s wellbeing. If you have concerns regarding custody status and your child’s well-being, you may request a guardian at litem for your child which will ensure someone is available to protect their interests.