Child Custody News

California's Child Custody

Child Custody. Equal Physical Custody. Initiative Statute.

Requires courts to provide parents with equal physical custody of a child unless there is clear evidence that equal custody would not be in child’s best interest, and requires courts to consider the welfare of all family members in making such determinations. Defines “equal physical custody” as an “equal timeshare” that assures frequent contact with both parents, and redefines “joint legal custody” to mean that both parents share equally in decisions regarding welfare of child.

Adds finding that equal and joint custody is generally in child’s best interest. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown state court costs of possibly up to a few million dollars annually, depending on the number of child custody cases affected by the measure.

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	Did You Know?
	In New York, a demand for custody is mandatory in divorce actions. Where there are children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act. Click Here to Find a Nationwide Child Custody Attorney to Handle your Child Custody Case Today!