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In California, the court can make an emergency custody or visitation order under several different situations. The most common cases involve domestic violence or child abuse. At the same time, the court can also intervene when a parent has threatened to take a child and not return them.
50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.
Before You Go Through the Steps for Emergency Custody in California: What Qualifies? Emergency custody hearings are available when a situation puts a childs health or well-being in jeopardy. Neglect, abuse, substance abuse by a custodial parent, or suspicions of abuse can all warrant an emergency custody hearing.
The most common type of sole custody ordered by the Court in California is sole physical custody with joint legal custody and a generous visitation schedule for the non-custodial parent.
Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.
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The California Courts clearly state that no preference is given to either parent for a custody award simply due to gender. This is true of both legal and physical custody. Parents who are given legal custody have the power to make decisions on behalf of their children.
How Long Does Emergency Custody Last? Emergency custody orders remain in effect until the next hearing, which typically happens within 20 days. During the hearing, the orders may be terminated, replaced by temporary orders or extended.
Circumstances in California that Make a Parent Unfit for having Child Custody History and evidence of abuse or violence. Lack of involvement in the childs life. Incapacity to provide financial support. Having an existing mental illness. History of an extremely hostile relationship with the child.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Remember, California uses 20 miles as a general measurement of long-distance co-parenting.

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