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!