The California Judicial Council 341 (E) is very informative in this regard. Read it to understand the breadth and extent of shared custody in California. You`ve probably heard the term “first” physical guard. These words really make no sense in our child protection laws, although they are often used by lawyers and judges. As a general rule, a parent`s state of health does not allow the other parent to obtain medical records as part of the investigation and use it in the event of custody. California`s Child Protection Act states that the court can do the following: Family courts and California child protection legislation take child abuse allegations very seriously and you should do so. The court has many options when faced with a charge of child abuse. The Court has the power to appoint a lawyer for the child in certain custody cases. California parenting plans must contain information about physical and legal custody. Does this mean that the family court will always hold things the same way? Our laws do not say, “The judge must do what the parents did.” However, our child protection laws emphasize stability and continuity. That is why the status quo is important. When it works well for children, dishes usually do not tear the boat.
The more serious the allegations of abuse, the more necessary a social security expert (preferably an experienced psychologist) may be. The severity of the abuse also includes the late and probable manner that it is repeated, which requires an analysis of the history of parental abuse or neglect. The psychologist is not a substitute for the judge. Our state`s child protection laws do not permit such a transfer of judicial responsibility. He or she does nothing but make recommendations to the court. However, the Court takes these recommendations seriously and the Court has the power to place great importance on the recommendations. California child protection laws do not allow a family judge to consider the absence or removal of a parent from the family home until absence or relocation: the courts do not automatically give custody of the mother or father, regardless of the age or gender of your children. The courts cannot deny your right to custody or home visiting simply because you have never been married to the other parent or because you or the other parent has a physical disability or other lifestyle, a different religious belief or a different sexual orientation.