In any California marital action, the state gives family courts the power to grant custody of a minor child to a party based on what “seems necessary or proper.” (California Family Code 3022). The two primary concerns that guide the court’s decision are the safety and welfare of the child as well as the child’s interest in maintaining frequent and continuing contact with both parents.

The parties may enter into a written stipulation, or agreement, in determining the custody or visitation arrangements. Mutual consent among the parties is preferable, but in situations where an agreement cannot be reached, the court may step in and issue custody orders. Such orders are made after a court hearing in which evidence is presented. The court will consider the testimony of expert witnesses such as psychologists or licensed social workers regarding the best course of action. Once an order is issued, it may be modified at any time until the child turns eighteen.

Court orders may be modified if the moving party can demonstrate a change in circumstances that has a significant bearing on the child’s best interests. Such changes in circumstances may include evidence of child abuse, the relocation of one of the parents, a change in the parent-child relationship, and a range of other contingencies and circumstances.

If you are struggling with child custody issues, you should have the guidance and expertise of a seasoned family law attorney. At Wallin & Klarich, our Southern California attorneys have over 30 years of practice experience and can help you achieve the best possible results in your case. Call us today at 888-749-7428 for a free consultation. We will be there for you when you call.