Child custody in California can be a complex area of law to navigate as a parent or caregiver, especially if there is no court order in place. It is understandable to have questions like, “Who has custody of a child if there is no court order?” It is vital that parents understand their rights and responsibilities under the law to ensure they are meeting their child’s needs and best interests.
Understanding Child Custody in California When There Is No Court Order
Child custody rights in California without a court order ultimately depend on the parents’ current marital status. For many married parents, the process is simple; they automatically share joint legal and physical custody without the need for an official court order.
Unmarried mothers hold sole custody as a default until the father can establish legal paternity. It is important to note that even if an unmarried father is listed on the birth certificate, this does not hold up legally as granting custody rights; they must officially establish paternity. They can do this through a Voluntary Declaration of Paternity (VDOP) or with a court order to gain legal rights regarding issues such as custody and visitation.
For fathers, establishing paternity when unmarried is essential, as this allows them the ability to request custody or visitation rights. Ultimately, the decision will come down to what the court deems in the child’s best interests, but establishing paternity is an important part of making this possible.
It is important to note that California has two different types of custody, joint and sole. Joint custody is shared by both parents, and sole custody is held by just one parent. Legal and physical custody are also unique from each other. Legal custody refers to a parent’s decision-making power over their child’s life for matters relating to education, healthcare, religion, and general well-being. Physical custody is where a child lives and who provides for the child’s daily needs.
If parents are looking for a formal custody order, there are several legal avenues to do so, including mediation, custody evaluations, and trial. This may be necessary in your case, particularly if you are seeking child support, for which over 6,340 individuals applied in Orange County. A child custody attorney can assist in navigating this legal process and ensuring the child’s best interests are prioritized above all else.
Why Choose Us?
As you look for a child custody attorney to help with child custody cases and navigate child custody laws in California, consider the Offices of Lisa R. McCall, APC.
Our team has over two decades of combined experience in family law, and we provide professional and competent legal support. Our goal is to make sure you are equipped with the information and legal backing to find an ideal outcome for your family, regardless of the situation.
Our office is located locally in California on North Main Street in Santa Ana. Hire a child custody lawyer who not only knows the law and provides exceptional legal support but also cares.
FAQs
Q: Can a Parent Keep a Child From the Other Parent Without a Court Order in California?
A: No, it is generally not legally permitted for one parent to keep a child from the other parent without a court order in California. If there is an emergency or a justifiable reason that protects their child from harm, it may be permitted, but the parent must petition the court for a protective order.
Q: Who Has Sole Custody of a Child in California?
A: In California, sole custody is granted to the adult whom the court determines is in the best interest of the child to provide care. Sole custody is often granted due to reasons like domestic violence, substance abuse, or neglect by one or both parents. Sole legal custody means that one adult is legally able and responsible to make all major decisions about the child’s health, education, and well-being.
Q: What Happens if One Parent Does Not Follow a Court Order in California?
A: If one parent doesn’t follow a court order in California, the other parent can file a petition with the court to enforce the court order. Taking this route can lead to potential penalties for the other parent, such as fines, community service, and, in extreme cases, jail time. It is important to keep track of and document all violations of the court order to present evidence when formalizing the petition with the court.
Q: Who Is Allowed to Take a Child to Protective Custody Without a Court Order in California?
A: In California, Child Protective Services (CPS) and law enforcement officers are allowed to take a child to protective custody without a court order. They need to have a reasonable belief that the child is in immediate danger of physical harm, which is often called an exigent circumstance. This reasonable belief of the child being in physical danger may include evidence of ongoing abuse, hazardous living conditions, or if the parent or caregiver is unavailable.
Q: How Expensive Is a Child Custody Attorney in California?
A: How expensive a child custody attorney in California is depends on each unique situation. Lawyers can charge based on case complexity, their experience level and reputation, what specific legal services are required, and the length of the case. A lawyer’s fee structure can also influence overall costs. They may charge an hourly fee, a flat rate, or have a retainer.
Hire a Child Custody Lawyer You Can Trust Today
If you have more questions surrounding child custody when there is no court order or about child custody in California in general, reach out to the Offices of Lisa R. McCall, APC.
By setting up an initial consultation, you can meet with a lawyer who understands the complex legal landscape of family law in California and can help you make informed decisions about what to do next, given the unique considerations of your situation. Do not wait to get the legal support and care you and your family deserve. Reach out today.
