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Write professionally, but in your own voice ? don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence ? include only information that you have personal knowledge of.
The Most Common Type of Custody For legal custody, joint legal custody is the most common arrangement for separating parents in California. This allows them both to have a say in important decisions for their children.
You should also avoid berating or harshly criticizing your children no matter how mad you get. Emotional abuse is just as bad as physical abuse.
Dads are not automatically entitled 50-50 custody, or any custody order for that matter. Likewise, there is nothing in the family code that automatically grants custody to fathers solely on the basis that they are the dad. The standard the court uses during a divorce is the best interest of the child.
Refusing to Cooperate or Compromise With the Other Parent Even though you may have strong negative feelings about your former spouse or partner, one of the biggest mistakes you can make is putting those feelings above the best interests of your children.
Some of the most common dirty tricks used in child custody battles include: Making false accusations of abuse or neglect. This is a serious allegation that can have devastating consequences for the accused parent. Spreading rumors and lies about the other parent.
Under California PC 278, parental kidnapping, also called ?child theft,? is illegal. It can qualify as a misdemeanor or felony, and the maximum punishment is four years in state prison and a $10,000 fine.
To petition for and win sole legal custody, you have to prove that it is in your child's interests. If you can prove that your co-parent is unfit, unable to care for the child's basic needs, or a danger to the health and welfare of the child, the court may consider this reason to award you sole legal custody.