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Even if the violation of the agreement is due to a childs refusal, it is the custodial parent who is susceptible to harsh legal penalties. Custody arrangements must be followed by both parents until the child is emancipated at 18 or the schedule is otherwise modified.
Even if the parents are dividing physical custody down the middle, a judge may order the higher-earning parent to pay child support. You may have to pay child support even with a 50/50 custody agreement if you are the higher-earning parent.
Although California has no direct definition of long-distance parenting, the state typically considers a distance of 20 or more miles in its custody decisions.
In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.
However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court. If your child regularly refuses contact with the other parent, you can apply to the Court for variation of the order or to have it discharged.
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In custody and visitation cases in California, the biggest consideration is the best interest of the child(ren). In deciding what is in a childs best interest, the Court considers stability, frequent and continuing contact with both parents (if appropriate), and which parent is more likely to share the child.
In California, the courts consider and give weight to a childs preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. At the age of fourteen, a child can state a custodial preference unless the court believes doing so would be detrimental.
What Is the Most Common Child Custody Arrangement? As mentioned, most modern family law courtrooms prefer joint physical custody when possible. The courts prefer to see children spend docHub time with each parent, allowing them to maintain positive relationships after divorce or separation.
Mother or Father: Who Gets Custody More Often? The number of children living with both their parents has fallen docHubly, from 85% in 1968 to 70% in 2020. On the national average, a female parent is granted around 65% of custody time, whereas a male parent receives around 35%.
Parents commonly choose 50/50 custody when they docHub an agreement, and it can also be ordered by a court following trial, if appropriate.

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