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Family Law Blog

James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

How to Get Full Child Custody 03-29-2016

How to Get Full Child Custody

A Guide to Sole Child Custody in Rancho Cucamonga

If you live in California and you want full custody of your child, you may face an uphill battle. While the courts do consider the best interests of the child, they also consider a number of other factors when making their custody decision, such as:

  • The age of the child
  • The child’s health
  • History of abuse or neglect
  • Ties to their community

According to the California Courts, the first step to petitioning for custody and support of minor children is filling out your court forms.

Forms You’ll Need for Child Custody in California

The California Courts require the following forms to be filled out as the first step to getting custody of your child.

  • Petition for Custody and Support of Minor Children (Form FL-260)
  • The Summons (Form FL-210)
  • Declaration Under UCCJEA (Form FL-105)
  • [OPTIONAL] Child Custody and Visitation Application Attachment (Form FL-311)

View a full list of the required custody forms.

After you have completed all of your forms, they should be reviewed by your local court’s family law facilitator or self-help center. Make copies of your completed and reviewed forms, and then file the finalized versions with your court clerk.

Serving the Other Parent

If you are trying to get sole custody of your child, you will need to have a third party serve the other parent a copy of your custody paperwork. Once they are served, they must complete a Response to Petition for Custody and Support of Minor Children (Form FL-270), as well as a Form FL-105. Some parents run into issues at this point, because they don’t know how to locate their child’s other parent. Fortunately, there are still options available for you to pursue sole custody, so contact our Rancho Cucamonga child custody lawyers to learn more.

What are the child’s best interests?

You and your child’s other parent likely have differing ideas concerning your child’s best interests. So who decides what is truly in the best interests of the child? If your child custody case goes before a judge, that judge will make the final decision. Generally, the courts try to keep both parents in a child’s life as long as those parents don’t pose a risk to the child’s safety or wellbeing. The judge might consider the following regarding the child’s parents:

  • Are they physically and mentally stable?
  • Are they positively involved in their child’s life?
  • Do they play a crucial role in the care and upbringing of the child?

Avoid Schemes and Manipulation of Facts

If you want to get sole custody, we strongly discourage using schemes, tricks, and manipulation of facts to get your way. While an allegation of abuse can be enough to secure full custody, if the judge finds out that you were lying, you could be the one who ends up losing custody rights.

Emergency Custody Orders

Sometimes, if a parent can show that there would be substantial risk to the child, a parent can petition for an emergency order, called a temporary child custody order or “ex parte” order. Different courts have different rules, so please contact our Rancho Cucamonga child custody attorneys directly so that we can inform you of what our local court requires. Read more about this in the California Family Code Section 3060-3064.

Substantial / immediate harm to the child that warrants a temporary custody order can include:

  • Parent has committed acts of violence in the past
  • Parent has a history of sexual abuse of the child
  • Parent displays a pattern of domestic violence or child abuse

If you still have questions about child custody, we encourage you to contact James D. Madden, Attorney at Law today for an evaluation of your case. We are here to provide counsel, walk you through the custody process, and answer your questions!

Categories: Child Custody, Family Law

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