Delete Phone Field in the Child Custody Agreement

Aug 6th, 2022
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How to Delete Phone Field in the Child Custody Agreement

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hi this is billy tarracio with the tip of the day and this is not just a tip of the day this is a tip of the decade this is a big one and today were going to talk about the top mistakes that people make in child custody cases yesterday i interviewed attorney kylie bigelow who is in my office at modern law about messy custody cases and she has this track record of being able to basically turn around cases in an insane way and the thing that i realized after talking to her is that um well i mean one of the things she said is that custody cases are like a game of chess and strategy matters very very much if youre talking high-end complex custody cases many times these are post-decree or um theyre after an initial divorce but not always sometimes it might be in a very very messy divorce and we know the game we as family law attorneys understand what the courts want to see and um if when people mess up their case and they lose custody its because they are making tactical errors they are

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Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.
California Family Code section 3048 addresses the issue of abduction. The court must consider the following factors when evaluating the risk: Has the parent previously taken the child away, or enticed, withheld or concealed the child in violation of the other parents custody and visitation rights?
Abandonment. If a parent has not had any contact with their child in at least six months and has made no effort to contact the child or exercise their parental rights, the court will consider this abandonment.
Reasons a Judge Will Award a Child Custody Modification Child is in danger (physical, emotional, sexual, or psychological abuse) One or both parents situations have changed. The non-custodial parents work schedule changed. The non-custodial parent moved closer to the other parent.
If Mom bought the child a phone and pays for it, its legally hers and she allows the child to use it. If the child goes to Dads house and he doesnt allow the phone or takes it away as a punishment, hes within his rights as a Father to do so. However, he cannot keep it indefinitely, because it isnt his property.
Family Code Section 3046 attempts to avoid the result of favoring the remaining parent if the absence or relocation is of short duration as well as during that time the relocated parent makes reasonable efforts to maintain contact with the child.
Section 3042 - Wishes of child considered (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.
3080. There is a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, subject to Section 3011, where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child.

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