Puja Sachdev | September 13, 2024 | Child Custody
Parents searching for something to do with their children on days they have custody may want to consider the New Children’s Museum in downtown San Diego, CA. The museum is open all week except for Tuesdays.
It is a place for kids to think, play, and create. With an art-based theme, the New Children’s Museum seeks to encourage children to use their imagination, critical thinking, and creativity as they engage in inventive and interactive experiences.
If you share custody with your ex-partner, you might be unsure if you can take your children to the New Children’s Museum without your ex’s approval. Let’s look at your parental rights and how a custody order can restrict rights in some situations.
What Does California Family Law Say About a Parent’s Rights to Their Children?
Parents generally have equal custody rights under California Family Code §3010. Therefore, until the court issues a custody order modifying your parental rights, you should be able to take your children to the New Children’s Museum without asking your ex-partner for permission.
However, keep in mind that if you leave the state, you need permission from your child’s other parent. In some cases, you may need a court order. But you should be okay if you are in San Diego or traveling in California. If you anticipate a problem, you might want to discuss your situation with a San Diego child custody lawyer before making travel plans.
What Happens When the Court Issues a Child Custody Order in California?
California courts presume that children benefit from joint custody in the absence of abuse, neglect, or other situations that could harm the child. Joint custody allows children to maintain a close relationship with both parents. It also allows the parents to participate in raising their children.
However, a child custody order may restrict a parent’s rights. The judge could order sole custody to one parent. If so, the custodial parent may have complete authority to make decisions for the child. In that case, the non-custodial parent may not have the right to take the children out of town without the custodial parent’s permission.
Even if you share custody of your children, it can help to keep the other parent informed about your plans on days when you have custody. A simple text or email can encourage clear communication and avoid problems.
However, if your ex-partner consistently tries to ruin your plans or tells you that you cannot take the children to places, you should talk with a San Diego child custody attorney. An attorney can explain your custody rights and your legal options for dealing with an uncooperative or manipulative parent.
How Do Judges Decide Custody Cases in San Diego, CA?
Parents can work together to negotiate a parenting plan and visitation schedule to propose to the court. The courts encourage parents to do so because parents are more familiar with the needs of their children. Parents who work together can develop a plan that benefits the family.
However, when parents disagree about how to share custody, the courts step in to make the decision. California judges decide child custody cases based on the best interest of the child. Even when parents propose a custody agreement, a judge reviews the agreement to ensure it is in the children’s best interests.
Shared or joint 50/50 custody is preferred. Judges do not begin custody cases with preference for either parent. Instead, parents begin the case on equal footing.
If a judge determines that joint custody is not in the child’s best interest, they may grant sole physical and legal custody to one parent. Judges may grant sole custody to a parent if they find the other parent is guilty of neglect, abuse, abandonment, or parental alienation. Being an unfit parent is another reason the court grants sole custody.
What Determines a Child’s Best Interest in California Custody Cases?
Judges consider numerous factors when determining a child’s best interest. Those factors include:
- A child’s reasonable preference for custody arrangements
- A child’s needs
- A parent’s ability and willingness to provide and care for the child
- Allegations of domestic violence, abuse, substance abuse, and child neglect
- A child’s ties to the community, school, extended family, and home
- Other people who may live in the residence
- A parent’s willingness to encourage a close relationship between the child and the other parent
- The stability of the child’s current home and the desire to maintain continuity for the child
Judges may consider other factors that they believe are relevant to deciding a child’s best interest. However, judges cannot consider particular factors such as a parent’s sexual orientation, gender, religious beliefs, comparative income, race, or physical disabilities when deciding what is in a child’s best interest.
Contact A San Diego Family Law Attorney
If you have questions about child custody matters, contact our San Diego child custody lawyer for a complimentary case evaluation. San Diego Divorce Lawyers, APC, can answer any questions about your parental rights and how a custody order can restrict rights in some situations, so you won’t need to miss out on any experiences with your children.
Contact a local family lawyer at (619) 724-4160, explain your circumstances, and try to schedule an initial consultation with the lawyer as soon as possible.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
