What Parental Presumption Means for Your Case
Parental presumption is a legal doctrine that is significant in California custody cases. It is presumed to be in a child’s best interests to have frequent and continuing contact with both parents unless evidence indicates otherwise. Parental presumption is based on California Family Code Section 3011. This law outlines the factors courts must consider in determining the best interests of the child.
How Does Parental Presumption Work in Custody Cases?
When a child custody case goes to court in California, the judge will presume that both parents are equally entitled to custody and visitation rights. A parent seeking to rebut this presumption has the burden of proof. That party must present evidence that it is not in the child’s best interests to have frequent and continuing contact with the other parent. In making its determination regarding child custody and visitation, the court will consider the factors outlined in Family Code Section 3011.
What Are the Exceptions to Parental Presumption?
The doctrine of parental presumption does not come into play after a parent has voluntarily forfeited custody or after a decree has been issued by the court removing custody from a natural parent and awarding it to someone else. The court may find that it is not in the child’s best interests to have frequent and continuing contact with a parent if there is evidence of:
- Abuse or neglect by that parent
- A history of substance abuse, criminal activity, or domestic violence
- One parent’s inability or unwillingness to provide adequate care for the child
In any of these cases, the family court judge may deviate from the presumption of shared custody and award sole or primary custody to the other parent.
What Is Child Custody in California?
In California, child custody can be divided into:
- Legal custody: This is the right of a parent to make legal decisions for the child, such as what medical treatment the child receives, where the child goes to school and other aspects of the child’s welfare. Legal custody may be shared between both parents (joint), or the court may award sole legal custody to one parent if it is in the child’s best interests.
- Physical custody: This refers to which household the child will live in. In most cases, the courts award joint physical custody, and the child lives with both parents at different times. If it determines it is in the child’s best interests, the court may award sole physical custody to one parent, in which case the other parent may have visitation rights.
Depending on the situation, the court may order supervised visitation if the child’s safety and well-being under the supervision of one parent are in question. In some cases, the court may order no visitation if the child’s physical or emotional safety is in question.
Why Is It Important to Understand Parental Presumption?
The doctrine of parental presumption plays a major role in California child custody cases. If you are seeking sole legal and/or physical custody of your child, it is important to understand that you have the burden of proof to show that it is not in the child’s best interest to have frequent and continuing contact with the other parent.
At Mattis Law, A.P.C., we understand that nothing is more important than your children. We have extensive experience and a proven track record in dealing with every aspect of California child custody cases. We know how to present a compelling case based on the facts in a family law courtroom. Contact a San Diego family law attorney at (858) 328-4400 for the skilled legal representation you need if you are seeking sole or primary custody of your child.