Child Custody Orders in California – An Overview

Written By Bill Smith

Founder, Sonoma County LDA

Fact Checked

Establishing visitation and child custody orders with your child’s parent is an extremely important part of co-parenting. Furthermore, these orders must clearly specify when a child will be with each parent and how time will be divided for holidays, birthdays, and vacations. In order to ensure effectiveness, visitation and child custody orders should specify how the parents will handle transporting their child between home and extracurricular activities.

Problems With Parents Not Adhering to Child Custody Agreements

In California, parents often have problems adhering to verbal agreements that have not been formalized into child custody orders. For example, some parents may refuse to honor a verbal agreement about custody and visitation if the other parent fails to pay child support. Additionally, a parent may refuse to honor a verbal agreement about custody and visitation if the other parent becomes involved with a new significant other. Problems between parents often impact the well-being of their child.

Why Child Custody Orders are Important

Without child custody orders, either parent can take the child as they please. In fact, without these orders, even police will likely not take the child from one parent and give them to the other. Furthermore, without existing child custody orders, the police will not consider arresting a parent for child abduction for their failure to return the child to the other parent.

Overall, without a child custody order, either parent may take the child without permission, leaving the other parent with limited legal options to enforce their custody rights.

The police can only enforce clear and defined child custody orders which designate which parent has the legal right to have the child on a specific date or at a specified time. Without visitation or child custody orders, or with unclear orders, the police can’t take action.

If you find yourself fighting for your child without orders in place, you can file an ex-parte motion for emergency visitation and child custody orders. Usually, the court will grant some form of temporary orders, pending a full hearing on the issues. These orders can cover a variety of concerns that pertain to your child until a permanent order can be granted.

“Fighting over kids is not only stressful as a parent, but is traumatizing to the kids! My emergency motion got me an order that the police were able to enforce.” P. Johnson

“APC helped me get emergency custody orders when my ex-boyfriend decided not to return our daughter. So glad I had their help during this stressful situation!” P. Johnson.

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Violation of Child Custody Orders

If you have permanent visitation or child custody orders and the other parent violates them, your local police department can help you enforce them. Additionally, you can also file an action for “contempt” in court for legal help with the process.

In order to support a potential case, keep a journal documenting all custody violations. Then, if you go back to court, you can explain the other parent’s actions to the judge. Plus, make sure you keep a copy of your visitation and custody orders in a safe place.

International Child Abduction

If a parent abducts their child and leaves the United States, the State Department Office of Children’s Issues will work with U.S. embassies and consulates worldwide to help find the child. In addition, under the Hague Convention, a child who is a resident in one country of the convention and is moved to another country under the convention in violation of existing child custody orders must be returned to the child’s primary country of residence.

International child abduction cases are very complicated. Because child custody disputes are private legal matters between the parents, there is very little the State Department can do to locate abducted children. Furthermore, countries that are not members of the Hague convention rarely recognize U.S. custody orders.

Sonoma County LDA Can Help

Contact Sonoma County LDA for more information about the importance of child custody orders. We can help you draft and file a petition for visitation and child custody. Do not wait until it is too late to get your child custody orders. Doing so could potentially jeopardize the safety of your child.

Navigating Custody Orders in Sonoma County: How Sonoma County LDA Can Assist You

Introduction: When it comes to filing for custody orders in Sonoma County, California, the process can be complex and overwhelming. However, with the right legal assistance, such as that provided by Sonoma County LDA (Legal Document Assistant), navigating the intricacies of child custody proceedings becomes more manageable. Here are the five most important things to consider when applying for child custody support in Sonoma County.

1. Understanding Legal Requirements: Sonoma County has specific legal requirements and procedures for filing for custody orders. It’s crucial to have a clear understanding of these requirements to ensure that your application is filed correctly and promptly. Sonoma County LDA can provide invaluable guidance in navigating the legal framework, ensuring that all necessary documentation is completed accurately and in compliance with local regulations.
2. Establishing Custody Arrangements: Determining custody arrangements is one of the most critical aspects of the process. Whether you’re seeking sole custody, joint custody, or visitation rights, it’s essential to articulate your preferences clearly and effectively. Sonoma County LDA can assist you in drafting a comprehensive custody agreement that addresses the needs and best interests of the child while also advocating for your rights as a parent.
3. Documenting Parenting Plans: Developing a parenting plan is an integral part of the custody process, outlining the responsibilities and obligations of each parent regarding the care and upbringing of the child. Sonoma County LDA can help you draft a detailed parenting plan that covers various aspects, including custody schedules, decision-making authority, communication protocols, and dispute resolution mechanisms. Having a well-crafted parenting plan in place can promote stability and minimize conflicts in the co-parenting relationship.
4. Navigating Mediation and Court Proceedings: In many cases, custody disputes in Sonoma County may be resolved through mediation rather than litigation. However, if an agreement cannot be reached through mediation, the matter may proceed to court. Sonoma County LDA can guide you through both mediation and court proceedings, providing representation and support every step of the way. From preparing for hearings to presenting evidence and arguments, having a knowledgeable legal advocate by your side can significantly increase your chances of achieving a favorable outcome.
5. Ensuring Compliance with Child Support Guidelines: Child support is often intertwined with custody arrangements, with the non-custodial parent typically being required to provide financial support to ensure the child’s well-being. Sonoma County has established guidelines for calculating child support payments based on various factors, including each parent’s income, the child’s needs, and the custody arrangement. Sonoma County LDA can help you understand these guidelines and ensure that child support obligations are calculated accurately and fairly.

Conclusion: Navigating the process of filing for custody orders in Sonoma County, California, can be challenging, but with the assistance of Sonoma County LDA, you can navigate the process with confidence and peace of mind. By understanding the legal requirements, establishing custody arrangements, documenting parenting plans, navigating mediation and court proceedings, and ensuring compliance with child support guidelines, you can pursue a favorable outcome for yourself and your child. Don’t navigate the complexities of child custody alone—let Sonoma County LDA be your trusted legal ally.