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How to Get Full Custody of Children in California

San Elijo Hills, CA – Divorcing with children is never easy, as custody concerns can be particularly trying. California law emphasizes the best interest of the child, which has traditionally meant sharing time with both parents whenever possible. However, in certain situations, it may be better for just one parent to have full custody. If you’re considering having your child or children stay with you exclusively, there are some points to take into account.

“Be aware, too, that there are two different types of custody,” notes Leucadia divorce attorney, John Griffith. “Physical custody refers to where the child actually resides, and legal custody is related to decision-making when it comes to education, healthcare, and the like.”

Whether you or your spouse are seeking full custody, it’s important to understand how such cases are typically handled in California.

Get Full Custody of Children in California
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Reasons Why Full Custody May Be Granted

In certain circumstances, California courts may award sole custody to one parent. These cases are the most common:

  • Domestic violence: If there is any substantiated claim of domestic violence, California courts will rarely award the accused parent custody of a child. While there are rare exceptions, full custody is not possible for a parent with a recent history of domestic abuse toward either the child or the other parent. California Family Code 3044 explains this situation in greater detail.
  • False allegations of abuse: If one spouse falsely accuses the other of abuse, this could be a case in which the accuser will not likely get full custody of the child.
  • Documented, continued drug or alcohol abuse: California Family Code 3041.5 stipulates that there has to be evidence of repeated and documented abuse of drugs or alcohol. There are also guidelines established for drug testing in child custody cases.
  • Child abduction or the threat of it: If there is any potential abduction, that’s a matter California courts don’t take lightly. It would be extremely difficult for a parent convicted of child abduction to then obtain full custody over that child.

Other Tips for Gaining Full Custody

  • Be timely with all documentation. Particularly if your custody case involves allegations of child abuse or substance problems, you should file all required paperwork immediately.
  • Be completely honest. Any information provided should be done in good faith; if there are inconsistencies or falsities given, the custody process will likely be delayed.
  • Consult with an expert family law attorney. The advice above is only preliminary; your individual case should be taken to a lawyer well-versed in California family law.

If you’re concerned about getting child custody in your divorce case, please call (858) 345-1720 in San Diego or (858) 345-1720 in Carlsbad. If you’d prefer, you can also email to schedule a free consultation. At Griffith, Young, and Lass, our experienced, professional team will help you achieve the best outcome possible in your case.

© 2017 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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